Cyprus Tax Guide For Professionals:
An Executive Summary
This is an introductory guide for Professionals, 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: In terms of business
format, some types of professional are bound by the rules
of their profession, and have to use partnerships, which need
to be registered in Cyprus. But more and more, you can choose
to have a limited company, which may help with liability.
Most professionals have to be appropriately qualified or licensed.
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. Some
professional services don't have to worry about VAT,
especially if you're not limited. Of course if you take on
staff, life becomes more complicated!
Domestic Taxation: The big issue is whether
to be taxed as an individual
or as a company,
assuming you have a choice. 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. Broadly, if you are building an investment-heavy business,
a company may be best, while if you are in a simple cash in/cash
out situation, being an individual may be better. 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: A professional firm
usually has a static location, and you'll trade from there.
If you're selling services to corporates overseas it can be
complicated 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
may be 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 suitable types of professional activity, say an architectural
practice, in low-tax, 'offshore'
jurisdictions, especially if you are eventually planning to
retire somewhere out of Cyprus. All of the major accounting
practices seem to be based in Switzerland or similar. 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 small professionals 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 many of them apply to professionals,
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 experienced employers
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. At all events, try
as hard as you can to use contractors (ie 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
professional herself. Obviously, state social welfare schemes
apply to professionals as much as to anyone else, although
there may be problems if you operate across national borders.
Many professionals 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 will find
themselves drawn intentionally or otherwise to an international
existence, working 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.
|