Cyprus Tax Guide For Contractors:
An Executive Summary
This is an introductory guide for Contractors, linking in
to our full Cyprus Fact-File. If you'd rather dive right in
to the Fact-File, you can use the navigation on the right
of this page, or start from the Cyprus home page.
Business Formation: The government has a
fairly light touch in terms of statutory requirements. You
don't need anyone's permission to start a business, and you
won't have to register or license your business unless you
form
a limited company or a formal partnership, or unless you
require a special
license, eg to run a pub or make atom bombs. Limited companies
do have to be registered
of course, and have to report
annually. And remembering that the only two certainties
in life are death and taxes, inevitably you'll have to make
annual tax
returns, whether you're a limited company or not. If you're
really a small business, you won't have to bother with VAT.
Of course if you take on staff, life becomes more complicated!
Domestic Taxation: The big issue is whether
to be taxed as an individual
trader or as a company.
At first sight it's a no-brainer, with individual taxes going
up to 30% while company profits are taxed at 10%. Needless
to say, it's more complicated than that. And special considerations
affect the choice of a contractor, who may have some fairly
complex relationships with customers and sub-contractors.
Staying out of the relative glare of limited company life
may sometimes be advisable. Husbands
and wives can play some interesting variations, and get
the best of both worlds. Longer term, the holy grail is to
turn income into capital, but it isn't easy - if company profits
aren't distributed after two years they are charged 15% tax.
If you're not born and bred in Cyprus, another goal is to
remain non-resident, which means not having a permanent
establishment (fixed place of business) so that you get
taxed only on Cyprus-source
income. If there's one aspect of your business on which
you should consider taking paid-for advice, it's probably
the tax structure. It's so important to get it right at the
beginning!
International Taxation: If a contracting
business has a static location, you'll trade from there, but
one of the advantages of the business is that you're not necessarily
tied to one spot, and you have the opportunity to base yourself
in a low-tax location like Cyprus, which has a corporate tax
rate of only 10%. Selling services to corporates across borders
can be complicated though because the foreign country may
take a bite out of your returns, called withholding
tax. Then you have to turn to double
tax treaties to try to get the money back, of which indeed
Cyprus has many. It's all a bit of a jungle. And if you're
big enough, VAT
is an extra complication. If you set up a branch in a foreign
country, you need to try to avoid the 'permanent
establishment' trap, and you may get bogged down in local
VAT.
If you send staff - or yourself - to work in foreign countries
you need to think hard about their tax situation in advance,
both in respect of local income taxation and perhaps because
of withholding
tax.
Tax-Efficient Structures: With a corporate
tax rate of 10%, there appears to be not much need for exotic
structures to minimize tax; but if you are resident, things
are not so simple, and there is a case to be made for locating
a contracting business in a low-tax, 'offshore' jurisdiction,
especially if you are eventually planning to retire somewhere
out of Cyprus. As yet, there are no 'CFC'
rules in Cyprus, so that profits made in such places can stay
there. Offshore
structures are often useful for inheritance
tax and asset protection reasons as well, and anti-avoidance
law has not gone nearly so far in Cyprus as in, for example,
the UK. Non-resident contractors meaning to trade in Cyprus
can also use offshore structures, as long as they avoid the
'permanent
establishment' trap.
Business Incentives: There are quite a few
support
schemes operated by various levels of government, some
of them in association with the European Union, ofering direct
grants to support employment, rebates on taxes, and loans
for SMEs. Although not too many of these will apply to the
business of contracting, it is well worth investigating what's
on offer. However, the saying: 'He who sups with the devil
needs a long spoon' comes to mind. The schemes are well-intentioned,
no doubt, but they can be intensely bureaucratic, with very
intrusive qualification procedures, and a long 'tail' of reporting
requirements.
Employing People: Many businesspeople will
just tell you: 'Don't do it'. 'Marry in haste; repent at leisure',
they say, and it was never so true than when it comes to employment.
Don't kid yourself that employees will feel that they owe
you anything. Today's workers, encouraged by a slew of anti-business
legislation from Brussels, and the general nannying attitude
of government, often feel that the world owes them a living.
Many employers of course bring problems on themselves by treating
employees as little better than slaves. There are no rules
in Cyprus which would force contractors to employ their sub-contractors,
so try as hard as you can to use self-employed people rather
than employees.
The tax authority has plenty to say about that, of course,
so if you are left with no choice, realize that you will have
to operate 'PAYE',
provide various statutory social
benefits, and that it is extremely hard to dismiss
an unsatisfactory employee once you have taken them on. Of
course, there are plenty of exceptions to these rather sweeping
generalizations. Lucky you if you find some!
Welfare And Lifestyle: Meaning, for the
contractor herself. Obviously, state social welfare schemes
apply to contractors as much as to anyone else, although there
may be problems if you operate across national borders. Many
contractors will want to have improved (meaning private) health
benefits, and almost all will want to find tax-efficient
ways of making provision for their pensions. It's important
to separate these from your business itself, in case of failure.
If you have it in mind to retire
to somewhere less highly taxed, then the time to start is
now, in terms of building
up a pension away from the grasp of the tax authority.
If you are an expat, though, Cyprus itself may be your chosen
retirement home, and you'll pay only 5% tax on your pension.
International Aspects: Perhaps
you plan to live out your life as a respected and contented
member of your local community. The salt of the earth, one
might say, if that's not patronising. But some people, and
perhaps especially contractors, will find themselves drawn
intentionally or otherwise to an international existence,
doing business and/or living in other countries. There are
many challenges: apart from the difficulty of arranging your
tax affairs satisfactorily, there are the problems that go
along with property
ownership, education
of your children, international removals, health
care and pension
provision, just to take some of the more obvious issues. Of
course no one can predict the future with any certainty, but
there are all too many stories of people who have trapped
themselves in the wrong investment in the wrong currency in
the wrong place, with multiple taxmen on their backs. Most
such problems are avoidable, with forethought.
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