UK Company controlled and managed by a branch in Cyprus

A Company registered in UK is not taxed in the UK if its place of effective management (branch) is in Cyprus and not in the UK.

UK – Cyprus double tax treaty contains a "tie breaker" clause where a company is not managed and controlled in the UK and the company could be regarded as resident in both countries, then the company will be considered tax resident in the other state i.e. Cyprus.

Opportunity

UK companies registered in UK involved in activities outside UK can set up a Cyprus branch thus having their management and control in Cyprus and be taxed in Cyprus at the rate of 12,5%

UK COMPANY CONTROLLED AND MANAGED BY A CYPRUS BRANCH

Investment in UK Property by Non UK-Residents (Physical or Legal persons):

+ A non UK-resident is not subject to UK tax on capital gains from investment in UK property.

+ Where UK property is acquired for commercial reasons and thus is purchased, developed and sold for a short period of time, different tax treatment is applied.

+ Rental Income – profits derived from UK property is taxable in UK irrespective of buyer residency status and is taxable as follows:

– A Non-resident individual owner is taxed at the rate between 20% and 45% depending on the amount of profits

– A Non-resident company (i.e. Cyprus) is taxable at the rate of 20%

– A UK resident company is taxable at UK normal rates of corporation tax (both on income and gains)

Opportunity

+ Acquire UK property via Cyprus Company (non UK resident company)

+ It is recommended that non UK resident company sources of funds used to acquire UK property should preferably be through a loan. Loan interest expense will be an allowable deduction from rental income. However loan should be:

– Preferably be secured on UK property.

– Loan interest rates should be on arm's length principle.

– There should be an adequate level of equity contribution by the non UK resident company

+ Shares of a Cyprus company (a non UK company) might not be subject to Inheritance tax in UK for non UK domiciles.

INVESTMENT IN UK PROPERTY BY NON-UK RESIDENTS (I.E. CYPRUS)

UK pension income received by Cyprus tax residents

In Cyprus, UK pension income received from Cyprus tax residents may be taxed either

+ A flat rate of 5% on the excess € 3,420, or

+ At Cyprus normal scaling rates.

The decision is taken each year, after the completion of tax return. This is to give to Cyprus tax residents the ability to change from year to year.

Opportunity

All forms of UK pension income received by Cyprus tax residents are taxable only in Cyprus at in most cases 5%. (UK – Cyprus Double Tax Treaty state that all forms of pensions arising in the UK, including UK Government pensions shall be taxable only in Cyprus and not in the UK)

Published: January 2016

www.pkf.com.cy

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.