|
|
| Foreign
Investment Information |
|
1.1 |
OVERVIEW |
|
| |
INTERNATIONAL
BUSINESS COMPANIES (IBCs) |
|
| 1.3 |
FOREIGN
DIRECT INVESTMENT . |
|
| 1.4 |
EXCHANGE
REGULATIONS |
|
| 1.5 |
THE EUROPEAN UNION AND CYPRUS |
|
| Acquisition
of immovable property by aliens |
|
2.1 |
RESTRICTIONS |
|
| |
APPROVAL
BY THE COUNCIL OF MINISTERS |
|
| 2.3 |
PROCEDURE
TO BE FOLLOWED BY ALIENS FOR
OBTAINING A PERMITTO ACQUIRE PROPERTY. |
|
| 2.4 |
TRANSFER
FEES |
|
| 2.5 |
IMMOVABLE
PROPERTY TAX |
|
| 2.6 |
STAMP DUTY AND MORTGAGE FEES |
|
| 2.7 |
INCOME
TAX AND CAPITAL GAINS TAX |
|
| 2.8 |
ALLOWANCES |
|
| 2.9 |
ESTATE
DUTY |
|
| 2.10 |
VALUE
ADDED TAX (VAT) |
|
| 2.11 |
BUYING
PROPERTY AS AN INVESTMENT |
|
| 2.12 |
RESIDENCE
PERMIT & WORK PERMIT |
|
| 2.13 |
THE
JOINING OF THE EU AND WORK PERMIT -
PROPERTY OWNERSHIP |
|
Foreign
Investment Information
1.1 OVERVIEW
The Government encourages foreign investment, particularly
in capital-intensive and labour-saving industries. Although
foreign investment in Cyprus by non-residents requires
the prior approval of the Central Bank, applications are
processed quickly and with the minimum of formalities.
Foreign investment in Cyprus includes investment by a
non-resident in any of three forms:
Direct investment within Cyprus (see
section 2.3)
Shipping activities through a locally
registered company wholly owned by a non-resident.
1.2 INTERNATIONAL BUSINESS COMPANIES
(IBCs)
The island's strategic location together with a basket
of advantages offered to entrepreneurs and investors creates
an ideal business environment that has lead, in recent
years, to its development into one of the major centres
of international business (Offshore Centers). Advantages
include: Cyprus' good industrial relations, tax incentives,
excellent transport and telecommunications, availability
of highly educated and low cost labour, English based
legal system, high quality of life, low cost of living
and very low crime level.
(a) LEGAL FORMS OF IBCs: An International Business
Company (IBC) is a legal entity, registered in Cyprus,
with beneficial ownership and business activities that
lie outside Cyprus. IBCs may be registered under one of
the following legal forms:
Private or public company incorporated
in Cyprus under the Cyprus "Companies Law
(as amended)".The Cyprus"Companies
Law (as amended) is almost identical to the UK's former
"Companies Act, 1948".
Offshore branch of an overseas company
incorporated in Cyprus under the "Companies Law (as
amended)". Note that such a branch does not constitute
a legal entity different from that of
its founding overseas company. Distinguish from a local
branch of a foreign company, since this
branch carries out operations in Cyprus and provides services
to locals being therefore subject to
the tax regime and exchange control regulation applicable
to local businesses.
General or Limited Partnership registered
in Cyprus under "The Partnership and Business Names
Law".This Cyprus Law is based on British Legislation.
Private companies, being mostly subsidiaries of large
foreign corporations, make up the majority of International
Business Companies registered in Cyprus. Branches and
partnerships are not that common mainly because of the
financial liabilities passed onto the beneficial owners.
(b) REGULATORY FRAMEWORK OF IBCs: Certain conditions
must be met by an IBC so as to obtain and keep a Central
Bank permission of operation. All IBCs must:
Belong exclusively to non-residents.
Cover all their financial requirements
in foreign exchange.
Realize their objectives outside Cyprus.
They may only carry out activities directly related to
the administration, management or control
of their overseas affairs.
Inform the Central Bank when foreign
exchange is about to be converted and spent in Cyprus.
Submit to the Central Bank annual audited
financial statements.
(c) FISCAL AND OTHER INCENTIVES OF IBCs
There are a number of fiscal incentives for IBCs:
There is only a 4.25% tax on
net taxable profits for IBCs registered in Cyprus. The
same applies to offshore branches of
companies that are managed and controlled from Cyprus.
International business branches of
overseas corporations that are managed and controlled
from abroad as well as international
business partnerships are totally exempt from
corporation and income tax.
No capital gains tax is payable on
the sale or transfer of shares in an IBC.
No estate duty is payable on the inheritance
of shares in an IBC.
The beneficial owners of IBCs, branches
and partnerships are not liable to additional tax on
dividends or profits over and above
the amount paid or payable by the respective enterprise.
Expatriate employees of IBCs living
and working in Cyprus are taxed at 0-20%, half the rates
applicable to locals.
Expatriate employees who live and work
outside Cyprus are exempt from income tax if they are
paid through any bank in the island,
or are taxed at 0-4%, one-tenth of the rates applicable
to
locals, if they are paid directly abroad.
Under the Customs and Excise Law, IBCs
and their expatriate employees may acquire duty free:
Office
equipment such as photocopiers, typewriters, calculating
machines and computers;
Household
equipment such as television sets, video and audio recorders,
hi-fi systems, washing machines,
dish washers, refrigerators and cookers;
Motor
cars including sports cars, station wagons, as well as
mini-buses with a sealing capacity of up to
nine persons.
Those eligible for relief from duty are:
(i) IBCs operating continuously
from their offices that are open during normal working
hours (and are not a part
of another office or a private residence), and employ
full time staff.
(ii) Full-time expatriate
employees of the above enterprises who live and work in
Cyprus during most of
the
year and whose remuneration exceeds CYP12.000 per annum
(approx. $20.000).
An eligible expatriate
may acquire a second duty-free car for the use of his
family if his salary,
as declared to
the Department of Inland Revenue, is more than CYP20.000
per annum.
Transactions of
IBCs are outside the scope of the value added tax (VAT),
which means that offshore
companies do not
need to register for VAT purposes and cannot claim refunds
of the VAT that they pay
on their purchases.
All their duty-free imports, however, are exempt from
VAT. Additionally,
telecommunication
services offered to fully-fledged and fully staffed offices
of offshore enterprises in
Cyprus may be exempted
from VAT with the approval of the Central Bank.
IBCs are exempt
from stamp duty on all documents relating to their business
activities outside Cyprus
while they and
their expatriate employees are also exempt from the Special
Contribution to the
Defence Fund.
(d) INTERNATIONAL BANKING
The Government's
policy on international banking units (IBUs) was formulated
in early 1982. IBUs in
Cyprus may carry
out any type of banking business, provided it is with
non residents and in foreign
currency. They
may carry out offshore banking business with residents,
but an exchange control permit
must be obtained
from the Central Bank. IBUs are exempt from monetary restrictions
applicable to onshore
banks (such as
minimum reserve requirement, restrictions on the holding
of foreign assets or investments
in shares and immovable
property) and are completely free from exchange controls.
They have to,
however, prepare
annual accounts and submit them, after they have been
audited, to the Central Bank.
Applications for
establishing an IBU, supported by the relevant information
and documents, are submitted
to the Central
Bank. Applicant banks are expected to be institutions
enjoying a good reputation
internationally.
Applicant banks which meet the Central Bank's criteria
may also be allowed to establish
themselves as Administrative
Banking Units (ABUs) carrying on banking business in their
own name but
requiring an already
licensed Bank which operates in or from within Cyprus
to carry out their day to day
administration.
A number of advantages,
particularly tax benefits, are granted to IBUs/ABUs and
international enterprises
in general. Locally
incorporated IBUs are subject to a profits tax of 4.25%.
Offshore branches managed
and controlled
from abroad are totally exempt from corporate or income
tax. However, the income
generated by IBUs
from their onshore banking activities is subject to income
tax at the full rate of
corporation tax.
Interest and dividends are not subject to withholding
tax, and profits may be repatriated
freely.
1.3 FOREIGN DIRECT INVESTMENT

Direct foreign investment includes the acquisition of
property in Cyprus and the participation of foreigners
in Cypriot legal entities, (which may even belong partly
or wholly to non-residents and) which carry on business
and derive income in Cyprus. In this section we concentrate
on foreign investment by participating in Cypriot companies.
Acquisition of property is viewed separately in section
3.0.
(a) NON - EU CITIZENS
The Government
has in the past years relaxed the rules governing foreign
non-EU citizen direct
investments in
Cyprus. The new regulations allow foreign participation
up to 100% and provides a simple
administration
procedure and straightforward eligibility criteria whereby
in most cases applications for
inward investment
are reviewed by the Central Bank.
The industrial
sector, the wholesale and retail trade sector and the
services sector are all open to non-
resident investors.
For the industrial and the wholesale and retail trade
sectors, the Central Bank handles
applications where
foreign participation is below 50%. Where foreign participation
exceeds 50%, or the
investment is more
than CYP750.000, applications are handled jointly by the
Central Bank and the Ministry
of Commerce, Industry
and Tourism. For services, up to 100% foreign participation
is allowed and the
Central Bank handles
the applications. Services have been split into two categories
depending on the
minimum capital
required for each company to be formed. The minimum capital
can be either CYP50.000 or
CYP100.000.
Investments in
tourism are subject to the tourist policy applicable at
the time. At present, this policy
provides for up
to 49% foreign participation in hotels, tourist villages,
villas, etc, while 100% participation
may be allowed
for projects that enrich tourism, such as golf courses,
theme parks, marinas etc.
(b) EU-CITIZENS
On 7 January 2000
all the maximum allowable percentage of foreign participation
as well as minimum
levels of foreign
investment in any enterprise in Cyprus (described above)
were abolished provided the
foreign investors
are citizens of EU member states. This new policy does
not touch upon limitations
applicable under
other laws or regulations (e.g. this liberalisation does
not apply for the acquisition of
immovable property).
In addition, the maximum foreign equity participation
of 50% in the banking sector
remains.
(c) FISCAL AND OTHER INCENTIVES FOR FOREIGN DIRECT INVESTORS
Low Corporation
Tax: Net profits are taxed at a rate of 20% for chargeable
income up to CYP40,000
and 25% for that
in excess of CYP40,000.
Low Income Tax:
Expatriates employed in IBCs are charged low rates of
income tax.
(See section 2.2
(c) )
No Withholding
Tax: Dividends paid by resident companies to foreign
incorporated companies are
exempt from withholding
tax. In the case of physical persons, the tax withheld
is credited against their
own tax liability.
No Capital Gains:
Tax on profits generated by the sale of shares of companies
listed on the Cyprus
Stock Exchange
(This applies until the end of the year 2001).
10-Year Tax
Holiday: Profits resulting from the operation of auxiliary
tourist projects such as golf
courses, health
centers, theme parks etc are exempt from corporation tax
for a 10-year period.
Equipment Tax
Allowances: There are investment allowances for equipment
and machinery used in
the manufacturing
sector and considerable wear and tear allowances covering
both machinery and
certain categories
of hotel buildings.
(d) DOUBLE-TAXATION AGREEMENTS
Cyprus has double-taxation
agreements with Austria, Bulgaria, Canada, the People's
Republic of China,
the Czech Republic,
Denmark, Egypt, France, Germany, Greece, Hungary, India,
Ireland, Italy, Kuwait,
Malta, Norway,
Poland, Romania, Russia, Slovakia, South Africa, Sweden,
Syria, the United Kingdom, the
United States and
Yugoslavia.
The main purpose
of these treaties is the avoidance of double taxation
of income earned in any of the
above countries.
A credit is usually allowed against the tax levied by
the country of the taxpayer's
residence for taxes
levied in the other country.
1.4 EXCHANGE REGULATIONS
Prevailing exchange control legislation is applied and
regulated fairly liberally. Foreign currency may only
be purchased from or sold to an authorised bank. There
is no limit on the amount of foreign currency or payment
instruments that non-residents may import. Foreign currency
notes imported in amounts in excess of US$1.000 must be
declared at the point of entry if they are to be used
to purchase goods for export, to open an external or foreign
currency bank account, or to be transferred out of Cyprus.
All payment transactions between residents and non-residents
require Central Bank approval. Residents are subject to
limits on the amount of money they may take abroad for
tourism or business purposes. Payments for imports are
made freely by commercial banks against the relevant documents.
Commissions earned by non-resident agents abroad on Cyprus
exports are limited to 5% of the value of the exports.
For higher percentages, the prior permission of the Central
Bank is required. Non-residents investing in Cyprus with
the approval of the Central Bank are able to transfer
profits and dividends once they have submitted documentary
evidence and a tax clearance certificate. If they sell
their investments, they are allowed to repatriate all
their capital, including capital appreciation and income.
Payment for the purchase of real estate by aliens should
be effected in foreign currency imported to Cyprus and
surrendered to an authorised dealer (commercial bank).
When the property is transferred to the name of the alien,
proof of the importation should be presented to the District
Lands Registry Office before the registration is effected.
(see the procedure of acquisition of property by aliens
in section 3.3)
Capital from the sale of property may be remitted abroad
immediately if the purchase was made through foreign currency
that was imported in Cyprus. If the non-resident's property
was not purchased by foreign currency, then the proceeds
from the sale will be deposited in a bank account and
the seller will be allowed to remit the money in three
equal annual amounts (starting from the year of the sale)
with a minimum annual amount of C£50,000. A Central Bank
permit will be given only after all taxes and rates are
paid.
Non-residents selling their real estate to other non-residents
on the basis of an agreement concluded abroad, may receive
the entire proceeds abroad without the requirement of
control permit.
No controls are imposed on the movement of currency into
or out of non-residents' external accounts, but the transfer
of property, shares or debentures to non-residents is
prohibited unless prior permission has been obtained.
1.5 THE EUROPEAN UNION AND CYPRUS

Cyprus has been linked to the European Union since 1972
by an association agreement providing for the free and
unrestricted movement of industrial and agricultural products
and the adoption of the accompanying policies required
for fully implementing the customs union. Furthermore,
on 4 July 1990 Cyprus submitted an application for full
membership of the EU and accession negotiations started
in April 1998 and it is expected that by the year 2003
full membership will be accomplished.
In its report of November 1998 on Cyprus' progress towards
accession, the European Commission confirms the ability
of Cyprus' economy to adjust to the challenges involved
in adopting the acquis communautaire. In the report of
13 October 1999, the Commission indicated that Cyprus
is a market economy that is growing rapidly, keeping inflation
under control. Because of this, however, difficulties
arise from macroeconomic and fiscal imbalances. Speeding
up privatisation and promoting competitiveness in banking,
as the European Commission suggests, could solve the problem.
Cyprus is also a signatory to the Barcelona Declaration
which foresees the establishment of a free trade area
between the EU and its 12 Mediterranean partners by the
year 2010.
In compliance with the Customs Union Agreement with the
EU, which came into effect in January 1988, Cyprus has
progressively been abolishing customs duties on most imports
from the EU gradually adopting the Common Customs Tariff
of the EU.
The EU is Cyprus' main trading partner, accounting for
approximately 50% of total trade. The United Kingdom is
the country trading the most with Cyprus. EU exports to
Cyprus consist mainly of machinery and transport equipment.
The EU mainly imports foodstuffs, particularly vegetables,
fruit and drinks, and tobacco.
The island has a considerable trade deficit vis-à-vis
the Union, amounting to 1748 million ECU (EURO) in 1999.
Cyprus' imports from the EU have risen to ECU 2347 million
and exports to the EU amount to ECU 599 million. However,
Cyprus is not depended on exports but rather on tourism.
93% of tourist arrivals originate from the EU, having
again the UK as the major partner.
Acquisition
of immovable property by aliens
Cyprus has proved to be an increasingly popular place
for retirement and/or for the acquisition of holiday houses
by foreigners. Demand, which is continually increasing,
is forthcoming mainly from the European Countries, with
the bulk (80%) comprising UK citizens. There are 13841
properties currently owned by foreigners of which the
most are situated in the Lemesos and Pafos districts.
The upsurge of demand for property by foreigners is attributed
to many factors including the relatively low cost of living
and its high standard. In addition, the unique hospitality
of the local population, the attractive climate, the increasingly
important role of safety (Cyprus is one of the safest
countries with crime at a very low level) and security,
have played an important role.
Demand and market activity has caused local property values
to show a steady and at times sharp appreciation, but
this trend has now a slower pace. Good properties especially
resales are still abundant, and local property prices
are still much lower than those of other European countries.
Holiday homes in Cyprus are on average 20% lower in prices
than Portugal, 30% lower than Spain and 50% lower than
Italy and France. In addition building quality in Cyprus
is usually higher than comparable properties in the above
countries.
2.1 RESTRICTIONS
Cypriots or persons of Cypriot origin and extraction are
allowed to purchase real estate property without any restrictions.
Aliens, however, are only given permission to acquire
one of the following:
One Apartment or
One House or
A building plot or land up to three
donums (4,014 sq.m)
Offshore entities may also acquire premises for their
business (no limit on the extend) or for the residence
of their foreign employees provided the residence is registered
on the employees' names.
For the transfer of real estate on an alien's name the
permission of the Council of Ministers is required. This
permission is obtainable by all bona fide cases, provided
that the property is not intended for commercial exploitation.
In certain cases, however, as seen in the direct investment
section, the Council of Ministers will grant the approval
for acquisition for commercial purposes if the particular
project will enrich tourism.
2.2 APPROVAL BY THE COUNCIL OF MINISTERS
The definition of alien by law is any person who is not
a citizen of the Republic (whether resident or not) including
an alien controlled company, but it does not include aliens
of Cypriot origin or the alien wife of a person who is
a citizen of the republic.
For the purpose of the legislation, acquisition of real
estate property includes:
Transfer of registration
Long leases of more than 33 years
The acquisition of shares in a company,
which owns real estate, if such an acquisition results
in the company becoming controlled
by aliens.
The establishment of a trust or any
type of set-up, which is connected with the ownership
of
real estate, for the benefit of an
alien.
Any registration of property not complying with the law
is invalid. The following general points of real estate
acquisition are hereby provided as a very rough and general
guidance.
A foreigner can buy a house for his
own use only. In case of a long established person who
has
business (e.g. offshore company) or
is residing in Cyprus, a permit to buy another house may
be forthcoming. E.g. A foreigner has
a house in Lefkosia and wishes a beach-flat in Larnaka
or a villa in Platres for holidays.
A foreigner can buy land, for building,
up to the extent of three donums. A permit to buy a plot
of land outside the development area
will most likely be refused (this is not so in the case
of a
house purchase so situated).
No transfer of a share in property
can be effected i.e. A permit will be refused in case
of a
foreigner acquiring a share in property.
One couple (husband and wife) can only
buy one house (not one house each).
In the case of foreign companies they
can buy/build their offices only. No permit will be given
for the purchase of a residence unless
the house can be registered in the name of the
company's director and he makes the
application.
A house cannot be bought in joint ownership
save husband and wife.
In case a foreigner will construct
a building, the cost must be paid in foreign currency.
In granting a permit to build, the
Government may impose a time limit to effect the
transfer/construction of the property.
Such limit may be extended, however, on application
depending on the circumstances. A period
of three years is considered as a maximum but this
can also be extended.
A foreigner wishing to rent property
for periods of thirty-three years or more requires the
Council of Ministers' approval.
A foreigner can sell his house and
buy another. Any bona fide repeat purchaser will be
granted a permit.
A foreign purchaser may let his property
for periods in excess of 28 days to a resident of
Cyprus (not short lettings). This does
not apply to offices.
Any contract in purchase/lease etc
of real estate is valid even if the Council of Ministers
rejects the foreigner's request. As
such when purchasing property it is recommended that the
contract includes a provision for such
an event so as to secure a refund or other remedy to
cover such an unlikely occurrence.
The time period required for obtaining an answer from
the
Council of Ministers, provided all
documentation is in order is approximately two-three
months.
As a general rule, all foreigners are permitted
to acquire house/business premises in Cyprus, provided
they have:
No criminal record in their own country
or in Cyprus.
The financial means to support themselves
in Cyprus (An income per couple in the region of
C£10,000 p.a. is considered satisfactory).
Companies with dubious past, unclear ownership, unclear
business etc are not looked upon favourably.
2.3 PROCEDURE TO BE FOLLOWED
BY ALIENS FOR OBTAINING A PERMIT TO ACQUIRE PROPERTY
(a) Application to the Council of Ministers
The prescribed application
form should be completed and submitted to the District
Officer in the district
where the property is
situated. (Appendix 4)
The following is the
main information required for completing the prescribed
form:
Personal details of the applicant and
his financial standing.
Particulars of the property.
Particulars of the present owner, the
sales contract and terms of payment.
The way of acquisition, whether freehold,
long leasehold, by share etc.
The District Officer
together with other relevant Government Departments will
then proceed to make
further enquiries and
prepare a report, which is submitted, to the Council of
Ministers through the Minister
of the Interior. The
contract is valid for the period during which the decision
of the Council of Ministers is
pending. The whole procedure
may take up to three months, but in the meantime there
is no restriction in
taking possession of
the property.
(b) Application to the Central Bank
On receiving the approval of the Council of Ministers
to acquire the property in question, an application should
be submitted to the Exchange Control Officer for the purpose
of confirming that the purchase was effected in foreign
exchange. The application should be submitted together
with the following documents:
o Copy of receipt or certificate evidencing the importation
of the foreign exchange. The Central Bank of Cyprus will
provide the required certificate evidencing that the purchase
under consideration was paid in foreign exchange.
Contract of Sale
Copy of the Council of Ministers' approval
to acquire the property.
Certificate of Registration of the
property if available.
(c) Application of transfer to the District Lands'
Office
The transfer of ownership is effected by a simple process
of registration with the District Lands' Office. The prescribed
application form should be completed for submission in
person to the District Lands' Office together with:
The registration certificate of the
property.
Copy of the Council of Ministers' permission
to acquire the said property.
The Central Bank's certificate evidencing
that the property was acquired in foreign exchange.
Evidence of payment of all the property
taxes to date (these taxes may include sundry town
taxes, sewage tax and road construction
tax).
The information that is required to complete this application
is the following:
Name and address of seller and purchaser.
Identity card or passport number of
the purchaser.
Particulars of the property.
During the course of the registration procedure, the value
of the property will be reviewed by the District Lands'
Office valuers, for the purpose of determining the amount
of transfer fees payable, who may or may not accept the
purchase value stipulated in the sales contract. The purchaser
is liable to the payment of transfer fees on the basis
of the value of the property as assessed by the District
Lands' Office valuers (the basis is the open market value
of the property on the date of the original transaction/sales
contract). The purchaser and seller may give specific
powers of attorney to any third party to attend and effect
the transfer on their behalf. If all documentation is
in order, the transfer procedure takes a few hours.
2.4 Transfer
Fees. 
The purchaser will be liable to pay the following transfer
fees for the property acquired, when this is registered
in his name at the Lands' Office. The fees are charged
on the property's market value at the date of purchase.
| Value
of Property
C£ |
Transfer
Fee Rate
% on property value |
| up
to £50,000
£50,001 - £100,000
over £00,000 |
3,0
5,0
8,0 |
2.5 Immovable Property Tax.

The registered owner of the property is liable to an annual
immovable property tax calculated on the market value
of the property as at 1st January 1980.
| Market
Value
C£ |
Annual Tax
C£ per thousand |
| up
to £100,000
£100,001 - £250,000
£250,001 - £500,000
over £500,000 |
zero
2,0
3,0
3,5 |
2.6 Stamp Duty and Mortgage Fees.

Unless otherwise stipulated in the contract, the purchaser
is liable for the payment of stamp duty at the rate of
1,5 per thousand of the value up to C£ 100,000. Thereafter
the rate becomes 2,0 per thousand. Although the non-affixing
of stamps does not invalidate the contract, the stamp
duty plus a fine will be payable when the document is
produced to the court or any Government department. In
order to avoid the payment of a fine, which could be substantial,
the documents should be stamped within 30 days of their
signing.
In case of mortgage, the registration fee is 1% of the
amount secured, plus the relevant stamps.
2.7Income Tax and Capital Gains Tax. 
Dealers in land are treated under the income tax laws
whereas non dealers under the Capital Gains Tax ones.
Capital Gains Tax is levied at the rate of 20% on gains
arising from the disposal of immovable property or the
disposal of shares of companies the assets of which consist
mainly of immovable property. Note that no Capital Gains
Tax is paid when selling shares of companies which are
listed on the Cyprus Stock Exchange (this applies until
31/12/2001).
As a general rule, the gain is the difference between
the sales proceeds and the original cost of the property.
In case of property acquired before 1/1/1980, the gain
is the difference between the sales proceeds and the market
value of the property as at 1/1/1980. The assessed value
on this date is fixed by the Inland Revenue and it is
known prior to acquisition. However, the Director of the
Inland Revenue may, in certain extreme cases, make his
own assessment as to the market value of the property
on the date of its disposal. The cost of acquisition and
sale includes interest payments paid for the acquisition.
Additions to the property etc are also deductible from
the gain. On the acquisition cost, the inflation rate
(as this is so published by the Government) is added on.
Thus the tax is charged on a gain which takes into account
the inflation (which for the last years is 2,5% - 3,0%
pa). The Gains Tax as a whole, has minimal effects since
the appreciation of value coupled with the following allowances
and inflation leaves little for taxation. In the case
of companies these allowances are not applicable.
2.8 Allowances: 
The following lifetime allowances are available to individuals:
o The first C£ 10,000 of gains arising from the disposal
of any property.
The first C£ 15,000 of gains arising
from the disposal of agricultural land by a farmer (subject
to certain conditions).
The first C£ 50,000 of gains arising
from the disposal of a house used by the owner for his
own
habitation (subject to certain conditions).
The above allowances are not available separately. An
individual claiming a combination of the above allowances
is only allowed a maximum of allowance of C£ 50,000.
Cyprus residents and companies registered in Cyprus are
subject to Capital Gains Tax when disposing property,
wherever it is, whether in Cyprus or abroad.
Non residents are only taxed when selling property situated
in Cyprus. They can be totally exempt from this tax if
they prove that they acquired the particular property
by importing foreign currency between 1/8/1980 and 13/7/1990.
Losses are calculated in the same way as gains and can
be set off against capital gains of the same and future
years.
2.9Estate Duty. 
Estate duty was abolished as from 1/1/ 2000.
2.10Value Added Tax (VAT). 
Since May 2000 a revised flat rate of 10% was introduced
on goods and services. Real Estate is excluded from VAT
as are most food items, medicine and other essentials.
2.11 Buying Property As an Investment
Buying property in Cyprus for letting is not allowed to
foreigners except in the case where an already owned residence
is rented to permanent residents for periods of more than
28 days. For this reason a holiday home or a permanent
retirement home cannot be looked upon as an investment
for income as such. Nevertheless local property values
have shown a steady upward movement over the years and
property, especially near the beach, has shown a considerable
appreciation. This appreciation holds good mainly for
particular projects and not so much for the odd apartment
here and there. Beach property is much in demand and we
foresee a considerable appreciation over the near future.
Joining the EU is very near (year 2004) and its implementation
will cause a sudden and very sharp appreciation in local
property values. In addition local holiday home projects
are priced between 20% - 30% lower, than a comparative
counterpart in Portugal or Spain. Local property is therefore
believed to offer good value for money and the island's
increasing popularity by the international market further
supports this.
As a general rule we could say that property income returns
are in the region of 5% - 8% p.a. of the current value.
In addition the annual appreciation on real estate values
are in the region of 5% - 10% (depending on location etc).
2.12 Residence Permit & Work Permit
According to the Aliens and Immigration Laws and relevant
Regulations, the Competent Authority for the issue of
Temporary Employment Permits to aliens is the Migration
Officer. The foreign national seeking employment must
secure, while being abroad, through personal efforts,
a local employer who should submit an application to the
Migration Officer on his behalf. The application should
be accompanied by a short curriculum vitae of the alien,
a contract of employment and copies of certificates of
the alien's qualifications and work experience in the
field of the proposed employment. A work permit is granted
only on a temporary basis and for a specified position,
provided that no suitably qualified Cypriot citizens are
available and that the Public Interest of Cyprus is not
negatively affected.
In the case of immigration, the Minister of Interior may
grant a permit to an alien, on application. This occurs
only when the Immigration Control Board recommends to
the Minister that such person belongs to one of the following
categories:
(a) For Farming. The possession of adequate land or
of a permit to acquire such land and of a
capital
of at least C£250,000 is required.
(b) For Mining. The possession of a mining permit and
a capital of at least C£200,000 is
required.
(c) For persons intending to deal with a trade or business.
A capital of at least C£150,000 is
required.
(d) Self-employed. Applicants under this category are
required to have academic or
professional qualifications
for which there is a demand in Cyprus.
(e) Persons to whom permanent employment is offered which
is in the interest of the
economy of the
island and does not create local competition.
(f) Persons wishing to reside in Cyprus and have a secured
annual income, high enough, to
offer them a decent
living without having to engage in any business or profession.
An annual amount
of around C£5,000 per person is usually considered satisfactory.
Buying property in Cyprus does not
imply the issue of a residence permit nor of a work permit.
The fact, however, that a Council of Ministers' permission
for acquiring property was given to the foreigner will
make an application for residence permit be looked upon
most favourably by the Immigration Control Board (and
in fact this is rarely refused).
To obtain a Cypriot citizenship, a written application
must be sent to the Migration Department. Each case is
looked individually and most of the times applications
are rejected. Successful applications are usually the
ones made by:
(a) Foreigners married for over five years with persons
of Cypriot origin.
(b) People residing in Cyprus that have concentrated 10
years of stay on the island within a
period
of 13 years. In the case of people that had been working
for these years, such as
IBC's employees,
athletes, football trainers etc a residence permit will
not be granted if
Cypriot
residents' interests are threatened.
2.13 The Joining of the EU and
Work Permit - Property Ownership
When Cyprus joins the EU, the restrictions on real estate
purchases will be lifted in accord to the EU directions.
This implies that property purchases by EU citizens will
be free of restrictions. In addition, EU citizens will
not require a work permit. This suggests that the so far
untapped investment market and the younger generation
groups will invest in Cyprus both in terms of work and
investment/coupled with work (e.g. a pottery, a pub, a
restaurant etc for the EU citizen to work). Such a development
is expected to increase demand of real estate sharply
with an analogous reflection on property prices. A rough
estimation is that beach and prime location property will
double in price upon joining the EU, whereas the remaining
properties are expected to increase in prices by approximately
20%-25%.
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