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Doing Business in Cyprus (UAE Edition)

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DOING BUSINESS C YPRUS<br />

76<br />

UNITED ARAB EMIRATES EDITION<br />

SPECIAL TYPES OF COMPANIES<br />

SHIPPING COMPANIES<br />

The Merchant Shipp<strong>in</strong>g Legislation, fully approved by the EU, provides for an exemption<br />

from all direct taxes and taxation under tonnage tax regime. The merchant shipp<strong>in</strong>g<br />

legislation applies to qualify<strong>in</strong>g shipowners, charterers and ship managers, which<br />

are <strong>in</strong>volved with the operation of qualify<strong>in</strong>g community ships (ships under a CY flag<br />

or a flag of an EU member state or of a country <strong>in</strong> the European Economic Area) and<br />

foreign (non-community) ships (under conditions) and provided that they engage <strong>in</strong><br />

qualify<strong>in</strong>g activities. The legislation allows non community vessels to enter the tonnage<br />

tax regime provided the fleet is composed by at least 60% community vessels. If this<br />

requirement is not met, then non community vessels can still qualify if certa<strong>in</strong> criteria<br />

are met. Exemption is also given <strong>in</strong> relation to the salaries of officers and crew aboard<br />

a <strong>Cyprus</strong> ship.<br />

INSURANCE COMPANIES<br />

Profits of <strong>in</strong>surance companies are liable to corporation tax similar to all other<br />

companies except <strong>in</strong> the case where the corporation tax payable on taxable profit of life<br />

<strong>in</strong>surance bus<strong>in</strong>ess is less than 1.5% of the gross premium. In this case the difference is<br />

paid as additional corporation tax.<br />

ADMINISTRATION AND COMPLIANCE<br />

The tax year is the calendar year. The accounts of a company may be closed on a date<br />

different from 31 st of December, <strong>in</strong> which case taxable profits are apportioned on a time<br />

basis relevant to the tax years.<br />

CONSOLIDATED RETURNS<br />

Taxation on a consolidated basis is not permitted and each company is required to<br />

submit a separate standalone tax return. A set-off of group losses is possible provided<br />

there is a 75% parent subsidiary relationship, <strong>in</strong>clud<strong>in</strong>g subsidiaries under 75% control<br />

of a common parent company. Group loss relief is available only between resident<br />

companies (and EU-based companies/companies with which <strong>Cyprus</strong> has concluded a<br />

double tax treaty, provided that they have exhausted all options to utilise the losses <strong>in</strong><br />

their country of residence).<br />

FILING REQUIREMENTS<br />

Corporate tax returns must be filed electronically by the 31 st of March of the year follow<strong>in</strong>g<br />

the year under consideration (i.e. 15 months from the year-end). Companies are required<br />

to pay provisional tax <strong>in</strong> two equal <strong>in</strong>stalments by 31 st of July and 31 st of December of the<br />

year under consideration. Any underpayment is due to be settled via self-assessment by<br />

1 st of August of the follow<strong>in</strong>g year. If the <strong>in</strong>come declared for the payment of the provisional<br />

tax is lower than 75% of the actual <strong>in</strong>come as f<strong>in</strong>ally determ<strong>in</strong>ed, an additional tax equal<br />

to 10% of the difference between the f<strong>in</strong>al and provisional tax is payable.

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