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Newsletter
This publication should be used as
an initial source of general
information only. It is not intended
to give a definitive statement of the
                                        Cyprus Business Intelligence
law. For the specific applications of   Your Essential Information on Cyprus
the law, professional advice should
be sought. Our directors would be
glad to address any questions you
                                        Publication Date: December 2012
may have.

                                        Contents                                             Page
                                        Cyprus tax and legal news                              2
                                            - Incentives for investing in Cyprus               2
                                            - Fast track procedure for residency update        2
                                            - Cyprus double tax treaties updates               3
                                            - Amendments to the law on collection of taxes     3
                                            - Inland Revenue: Clarification on connected
                                              companies                                        3

                                        International tax and legal news                       4
                                            - New tax rules in Ukraine                         4
                                            - Changes to Polish tax laws                       4
                                            - India announces tax free bond issue              5
Andreas Athinodorou
                                        Energy news                                            5
Chief Executive Officer
andreas.athinodorou@aspentrust.com          - Cyprus and Israel: Energy agreement              5

Marina Zevedeou                         Our Services                                           6
Chief Operations Officer
marina.zevedeou@aspentrust.com          Tax diary                                              7

Tel. No.: +357 22418888                 Legal diary                                            8
Fax No.: +357 22418890
Website: www.aspentrust.com
In association with the Cyprus tax
advisors



Members of:




                                                      Seize the Aspen advantage
Newsletter


Welcome to the Aspen Trust Group December Newsletter (Cyprus Business Intelligence). Our aim is to
present the key highlights of the tax and legal changes in Cyprus as well as any international, local,
investment, and financial news that have an impact on Cyprus as a Financial Centre.

In this issue we present to you the incentives for high net worth individuals that the Government of
Cyprus has recently revised. The fast track procedure for immigration permits, which we described in our
September Newsletter, has already had positive feedback, and we hope these new incentives will attract
even more investors to Cyprus.

We also give you the latest updates on the Double Tax Treaties between Cyprus and the following
countries: Spain, Portugal, Finland and Poland. Our other local news includes amendments to the law on
assessment and collection of taxes and clarifications on the application of the income tax law to
connected companies.

In International Tax and Legal News we provide an overview of the changes in Ukrainian and Polish tax
laws and focus on the announcement by the Indian authorities regarding the issuing of tax free bonds.

In our Energy News section we talk about the recent ratification of the cooperation agreement between
Cyprus and Israel.

We hope you enjoy our last Newsletter for this year.

Contact us at info@aspentrust.com for more information on what the Aspen Trust Group can do for you
and your business.


Cyprus tax and legal news

Incentives for investing in Cyprus

Over the course of the last three years, Cyprus’ Residence and Citizenship scheme has managed to
generate substantial interest from numerous third country individuals that are among the richest people
in the world The Government of Cyprus has recently revised the incentive scheme targeting these third
country nationals in order to attract an even greater number of high net worth investors from abroad

Please download our Update Memo: Incentives for Third Country Nationals to Invest in Cyprus for
more detailed information on the revised incentive scheme and to see how the Aspen Trust Group can
assist you and / or your clients with the Cyprus residence permit and citizenship application procedure.


Fast track procedure for residency update

Since the introduction of the new “fast track” procedure in August 2012, ten residence permits for third
country nationals have been granted by the Ministry of the Interior. The Ministry announced that the
entire procedure was completed within less than two months from the date of submission of each
application.

The Aspen Trust Group has assisted clients in the procedure of obtaining residence permits, please
contact our team at info@aspentrust.com to find out how we can assist you.

Source: Ministry of the Interior, www.moi.gov.cy




                                                                                                               2
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter

Cyprus double tax treaties updates

Cyprus continues to extend its network of Double Tax Treaties. Firstly, at the end of November 2012
Cyprus and Spain commenced negotiations on a Double Tax Treaty. We look forward to updates and
shall bring you the latest news as soon as they are published.

The Cyprus – Portugal Double Tax Treaty and the related protocol were signed by the two countries
following Cyprus’ removal from Portugal’s Black List. You can find more detailed information in our
Update Memo: Cyprus – Portugal Double Tax Treaty.

Cyprus – Finland Double Tax Treaty was signed in November. The main provisions of the treaty can
now be found in our Update Memo: Cyprus – Finland Double Tax Treaty.

The ratification process of the Double Tax Treaty between Cyprus and Poland was completed at the
                                                                 st
beginning of November 2012 and the protocol will apply from the 1 of January 2013. Please download
the Update Memo: Cyprus – Poland Double Tax Treaty.


Amendments to the law on collection of taxes
          th
On the 15 of November 2012 the House of Representatives voted through the amendments to the
Assessment and Collection of Taxes Law in an effort to minimize the administrative burden for
                                                                                         st
companies and the Department of Inland Revenue amendments will come into effect on the 1 of
January 2013 and include the following:

a)    The number of provisional tax instalments made by companies and self-employed individuals is
                                                                      st
      reduced from three to two. The first instalment is due by the 31 of July and the second - by the
        st
      31 of December of the year to which they relate;
b)    The electronic submission of the Employer’s Return form (I.R.7) becomes mandatory. The
                                                                                       th             st
      submission deadline of the form is extended by three calendar months, from the 30 of April to 31
      of July;
c)    Documentation supporting the tax returns needs to be kept for six years from the end of the
      related tax year, as opposed to the previous requirement of seven years.

For more detailed information or clarification on how the above developments affect your business,
please contact our team at Aspen Trust Group at info@aspentrust.com.


Inland Revenue: Clarification on connected companies

In a recent meeting with the Cyprus Institute of Certified Public Accountants, the Inland Revenue
Department clarified how it will interpret the Article 33 of the Income Tax Law 2001 relating to
contributions made by companies to related companies overseas as well as to the transfers of assets
that do not give rise to taxable income.

Article 33 gives the Department the right to adjust transactions between connected companies,
individuals and entities based on the arm’s-length principle and to tax the resulting deemed profits, gains
or benefits.

1.    Transfers of assets: The Department of Inland Revenue will not apply Article 33 to transfers that
      do not give rise to taxable income hence no deemed receivable is created and no secondary
      adjustments are required This applies to assets that are disposed to related parties at a price
      different from the market price.

2.    The Inland Revenue Department will not apply Article 33 when a Cyprus company makes a capital
      contribution to a related company without receiving shares in consideration provided that it can be
      proven that the Cyprus entity has no right to claim back the amount concerned and this amount
      can only be returned to the Cyprus company by means of a reduction of capital or the liquidation of
      the foreign company, unless the contribution is returned (whether by way of reduction of capital or
      liquidation) within two years.

Please contact our team at Aspen Trust Group at info@aspentrust.com for further clarifications.
                                                                                                               3
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter


International tax and legal news

New tax rules in Ukraine

In addition to the incentives to companies in “priority industries” and the Cyprus – Ukraine Double Tax
Treaty, the Parliament of Ukraine adopted a new piece of legislation which introduces amendments to
the Tax Code and other laws and regulations. Please find below a summary of the major amendments:

1.   Simplified VAT registration procedure: Tax authorities are now required to complete the VAT
     registration based on the relevant application within five days. To be eligible for VAT registration the
     taxpayer will only need to verify that it makes supplies subject to VAT, despite of the value of such
     supplies, the VAT status of the taxpayer’s clients or the amount the taxpayer’s charter capital;

2.   Taxation of individual’s foreign-sourced dividends: The personal income tax rate on dividends
     received from companies incorporated outside Ukraine is set to 5% by the new tax law. Previously
     only Ukrainian sourced dividends enjoyed the 5% tax rate. Dividends need to be declared in the
                                                      st
     annual tax return, which has to be filed by the 1 of May following the reporting year;
                                                 st
3.   CPT advance payments: From the 1 of January 2013 onwards a new procedure for Corporate
     Profit Tax will apply to companies whose annual income exceeds UAH10 million (approximately
     €1.25 million). The new rules will not apply to non-profit organizations, agriculture and newly
     established companies. According to the new procedure, a taxpayer pays CPT monthly and uses
     the financial figures of the previous year. This monthly CPT payment is determined as the profit for
     the previous year divided by 12 months;

4.   Tax losses carry forward: According to the new rules, the total amount of tax losses incurred
                   st                                                    st
     before the 1 of January 2012 (including those incurred before the 1 of April 2011) will be divided
     into 25% parts and deducted for CPT purposes from 2012 to 2015 consecutively. This 25% tax loss
     limitation will be applicable only to companies whose 2011 income exceeded or was equal to UAH1
     million (approximately$ 95,200). For companies with income below this threshold the historical tax
     losses are deductible in full.

Cyprus plays a very important role in Ukrainian foreign trade and investment. The island remains the
largest investor in Ukraine’s economy and both countries have a huge potential to further develop
mutually beneficial commercial relations. For more information on how Aspen Trust Group can assist
your business in investing in Ukraine, please contact our team at info@aspentrust.com.

Source: International Law Office, www.internationallawoffice.com


Changes to Polish tax laws
                                                                                  st                           st
Poland is planning extensive changes to its tax law, effective from the 1 of January 2013 and the 1 of
July 2013. Please find more detailed information in out Update Memo – Changes to Polish Tax Laws.
Changes are expected in the following areas:

Changes to the Goods & Services Tax and Regulations on Invoicing
   · Point of Taxation
   · Invoices
   · Taxation Base
   · Free of charge supplies of goods rules extended
   · Input VAT deduction rules simplified

Changes to the Personal Income Tax
   · Limitation on the copyright tax deductible costs
   · Child tax relief eligibility limited
   · Internet relief limited
   · New rules on taxation of income of partnerships limited by shares


                                                                                                                    4
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter

Changes to the Corporate Income Tax
   · A partnership limited by shares as a taxpayer of corporate income tax
   · Exclusion of a permit – the so-called participation loan
   · Changes regarding transfer pricing and underlying tax documentation

The Aspen Trust Group has substantial expertise and knowledge in assisting clients in Poland. Please
contact out team at info@aspentrust.com in order to obtain more detailed information and to discuss how
these changes might affect your business.

Source: Baker Tilly Poland, www.bakertillypoland.eu


India announces tax free bond issue

A notification listing ten infrastructure companies that will be allowed to issue tax free bonds up until the
end of the financial year (calendar year 2012) was issued by the Indian Income Tax Department. The
bonds are available to individual retail investors, qualified institutional buyers, corporates and high net
worth individuals and they will be for ten, fifteen or twenty years. The goal is to raise INR 535 billion
(approximately € 7.5 billion) and each company has to raise 75% of their allotted amount through public
issues, of which 40% is reserved for retail investors.

The interest offered will be between 7.5%-8% and it will be capped at a rate determined by the
government security rate, the category of the investor and the credit rating of the issuer.

The ten companies granted the permission to issue tax free bonds are:

  ·   The National Highways Authority of India                      ·    The Power Finance Corporation
  ·   The Indian Railway Finance Corporation Ltd                    ·    The Rural Electrical Corporation
  ·   The India infrastructure Finance Company Ltd                  ·    The Jawaharlal Nehru Port Trust
  ·   The Housing and Urban Development                             ·    The Dredging Corporation of India Ltd
      Corporation Ltd                                               ·    Ennore Port Ltd.
  ·   The National Housing Bank

The Aspen Trust Group has assisted various clients in investing into India. For more information on the
above and what the Aspen Trust Group can do for your business, please contact our team at
info@aspentrust.com.

Source: Tax-News.com, www.tax-news.com


Energy News

Cyprus and Israel: Energy agreement

An agreement on cooperation between the Republic of Cyprus and Israel in the areas of renewable
energy sources and energy efficiency was ratified by the House Plenary of Cyprus.
                                    rd
The agreement signed on the 3 of November 2011 aims to facilitate the cooperation of the relevant
authorities of Cyprus and Israel through exchange of knowledge and expertise regarding the instalment
and functioning of renewable energy sources. In addition, it entails the drafting and management of
related grants and subsidy schemes.

Furthermore the agreement aims to tackle the drafting of legislation and the issuing of regulations
regarding energy efficiency of buildings, home appliances and their classifications, the development of
the appropriate methodology and software for the energy efficiency of buildings in the residential sector
and the preparation of energy certification of buildings. Special provisions in the agreement take in
consideration energy control and projects to improve energy efficiency, inspection of boilers and air
conditioning systems, as well as laboratory testing of solar water heating systems.

Source: Financial Mirror, www.financialmirror.com

                                                                                                                 5
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter


Our Services

The Aspen Trust Group is an independent provider of International Business Services in the fields of
Corporate Services, International Fund Services, Private Wealth Management and Intellectual Property
Management Services.

Offering a range of tailor made solutions to discerning investors, corporations and High Net Worth
Individuals, we take care of our clients’ interests and make sure that the implementation and
management of each solution is in line with their current and future ambitions.

We offer services in:

·   International Tax Planning
·   Company and Trust Formation Services
·   Trustee and Nominee Services
·   Legal Administration and Company Secretarial Services
·   Company Administration Services
·   Accounting and Financial Management Services
·   Set-up and Administration of International Collective Investment Schemes (ICIS)
·   Intellectual Property Management
·   Residence and Citizenship Solutions

We can provide a seamless link between the international tax planning advice, day-to-day operations
and reporting of our proposed structures:

·   We source the tax advice and assist in the architecture of the optimal structure for our clients’
    business needs
·   We implement the structure in accordance to the advice
·   We provide the day-to-day administration and back-office support in line with the agreed advice
·   We liaise with third party auditors to ensure financial reporting and tax compliance is in line with the
    tax advice
·   We proactively provide our clients with new ideas on improving their company structures and
    enhancing their business

Contact us at info@aspentrust.com for more information on what the Aspen Trust Group can do for you
and your business.




                                                                                                               6
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter

Tax diary

              Date                                                            Obligation
                                     Payment of Tax Deducted (PAYE) deducted from employees’ salaries for the previous
                                     month
                                     Payment of the withholding of defence contribution on the amount of the rent paid by
End of each month
                                     companies, partnerships and the Government and local authorities.
                                     Defence contribution deducted from dividends and interest paid for the previous month
                                     Social insurance and other contributions deducted from employees’ salaries for the
                                     previous month
                                     Submission of the deemed dividend distribution declaration for the relevant tax year (2
31 January each year
                                     years back)
                                     Submission of personal income tax returns by individuals earning more than €19,500 for
                                     the previous year. All tax returns irrespective of year of assessment, from 1 July 2011 and
30 April each year                   after, have an extension of submission up to 3 months provided that they are submitted
                                     electronically
                                     Submission of employers’ return for the previous year
                                     Submission of personal income tax returns for the previous year by individuals who do not
                                     prepare audited accounts if their gross income exceeds €19,500, but are obliged to issue
                                     invoices, receipts, etc. All tax returns irrespective of year of assessment, from 1 July 2011
                                     and after, have an extension of submission up to 3 months provided that they are
                                     submitted electronically
30 June each year
                                     Payment of tax balance for the previous year through self assessment by individuals who
                                     do not prepare audited accounts, but are obliged to issue invoices, receipts, etc.

                                     Payment of special contribution for defence for the first half of the current year

                                     Submission of provisional tax assessment for the current year and payment of the first
                                     instalment
1 August each year
                                     Payment of previous year’s tax balance through self assessment by individuals and
                                     companies preparing audited accounts

                                     Payment of the second instalment of provisional tax assessment for the current year
30 September each year
                                     Payment of immovable property tax for the current year

                                     Submission of tax returns for the previous year for individuals and companies preparing
                                     audited accounts. All tax returns irrespective of year of assessment, from 1 July 2011 and
                                     after, have an extension of submission up to 3 months provided that they are submitted
                                     electronically.

31 December each year                Payment of the third and last instalment of provisional tax assessment for the current year

                                     Payment of special contribution for defence for the second half of the current year

                                     Submission of a revised provisional tax assessment for the current year (if necessary)

By the 10th of the second month
                                     Submission of VAT return and payment of VAT due
after the end of the VAT period

By the 10th of the next month
                                     Submission of Intrastat
after the end of the month
By the 15th of the next month
                                     Submission of VIES
after the end of the month

Non compliance with the above deadlines results in penalties and interest depending on the deadline not complied with.

Note: The rate is determined by the Minister of Finance through a decree and it is applicable for the whole year. The rate for 2010
was set at 5,35%. From 1 January 2011 the rate is set at 5%.




                                                                                                                                      7
         Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                    E-mail: info@aspentrust.com; www.aspentrust.com
Newsletter

Legal diary


                                        Registrar of Companies in Cyprus
Sections 121,125 and     In accordance with the provisions of Section 121,125 and 152 of the Companies Law,
152 of the Companies     Cap 113,as amended every company registered in Cyprus, is under an obligation to hold
Law, Cap 113, as         an Annual General Meeting (AGM) approving the company’s accounts
amended                  125.(1) Every company shall in each year hold a general meeting as its annual general
                         meeting in addition to any other meetings in that year, and shall specify the meeting as
                         such in the notices calling it; and not more than fifteen months shall elapse between the
                         date of one annual general meeting of a company and that of the next:
                         Provided that, so long as a company holds its first annual general meeting within eighteen
                         months of its incorporation, it need not hold it in the year of its incorporation or in the
                         following year.

                         The Board of Directors Resolution approving the company accounts must be held 7 days
                         before the AGM Notice is sent to the Shareholders.

                         The AGM Notice must be sent at least 21 days before the AGM is to take place.
                                                                  st                       th
                         For companies incorporated between 1 of January and 30 of June – AGM must be held
                              st
                         by 31 December of the current year.
                                                                       st             st
                         For companies incorporated between 31 of July and 31 of December – AGM must be
                                   st
                         held by 31 December of the next year.

                         Every company having a share capital shall, once at least in every year make a return
                         (submit HE32 Form to the Registrar of Companies) with respect to the registered office,
                         registers of members and debenture holders, shares and debentures, indebtedness, past
                         and present members and directors and secretary.
Section 118 of the       The HE32 Form submission date is 14 days after the AGM/Minutes date.
Companies Law, Cap       The Registrar of Companies in Cyprus does not accept HE32 forms which are not
113, as amended          accompanied by the relevant audited accounts.

Non compliance with the above deadlines results in penalties imposed by the Registrar of Companies in Cyprus.


                                              Companies Annual Levy

On the 26th August 2011, the Cyprus Parliament voted the first package of austerity measures. A number of
amendments were made to various legislations with the aim of raising revenues and decreasing Government
spending in order to avoid entry into the support mechanism.
The areas affected by these amendments include taxes, levies for companies incorporated in Cyprus, the
introduction of contributions to the pension schemes of Government employees and semi-governmental
organisations, and a levy for two years on the salaries and pensions paid to employees of those in the public
sector.
An annual levy of €350 is imposed on all Cyprus companies, payable to the Registrar of Companies. For group of
companies, a maximum limit of €20,000 is set. For 2011 the levy was due by 31st December 2011. For all
subsequent years the levy must be paid by 30th June. The companies which are registered starting with 2011 will
pay the annual fee starting with the next year. This is to say that companies registered in 2011 will pay the first
annual fee by 30 of June 2012 and the companies which will register in 2012 will pay the first annual fee by 30 of
June 2013. Companies exempt from paying the levy are those which are dormant, have no assets or those which
own property located in the non Government controlled areas of Cyprus.
Failure to pay the levy on time will result in the following penalties:

           Payment                                                 Penalty
           Within two months of the due date                       10%
           Between two and five months of the due date             30%
           Overdue by five months                                  Company is removed from registry

The fee for returning the company to the registry within two years is €500 per annum and thereafter €750 per
annum.



                                                                                                                       8
       Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890
                                  E-mail: info@aspentrust.com; www.aspentrust.com

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Aspen Trust Group Newsletter

  • 1. Seize the advantage of our expertise Newsletter This publication should be used as an initial source of general information only. It is not intended to give a definitive statement of the Cyprus Business Intelligence law. For the specific applications of Your Essential Information on Cyprus the law, professional advice should be sought. Our directors would be glad to address any questions you Publication Date: December 2012 may have. Contents Page Cyprus tax and legal news 2 - Incentives for investing in Cyprus 2 - Fast track procedure for residency update 2 - Cyprus double tax treaties updates 3 - Amendments to the law on collection of taxes 3 - Inland Revenue: Clarification on connected companies 3 International tax and legal news 4 - New tax rules in Ukraine 4 - Changes to Polish tax laws 4 - India announces tax free bond issue 5 Andreas Athinodorou Energy news 5 Chief Executive Officer andreas.athinodorou@aspentrust.com - Cyprus and Israel: Energy agreement 5 Marina Zevedeou Our Services 6 Chief Operations Officer marina.zevedeou@aspentrust.com Tax diary 7 Tel. No.: +357 22418888 Legal diary 8 Fax No.: +357 22418890 Website: www.aspentrust.com In association with the Cyprus tax advisors Members of: Seize the Aspen advantage
  • 2. Newsletter Welcome to the Aspen Trust Group December Newsletter (Cyprus Business Intelligence). Our aim is to present the key highlights of the tax and legal changes in Cyprus as well as any international, local, investment, and financial news that have an impact on Cyprus as a Financial Centre. In this issue we present to you the incentives for high net worth individuals that the Government of Cyprus has recently revised. The fast track procedure for immigration permits, which we described in our September Newsletter, has already had positive feedback, and we hope these new incentives will attract even more investors to Cyprus. We also give you the latest updates on the Double Tax Treaties between Cyprus and the following countries: Spain, Portugal, Finland and Poland. Our other local news includes amendments to the law on assessment and collection of taxes and clarifications on the application of the income tax law to connected companies. In International Tax and Legal News we provide an overview of the changes in Ukrainian and Polish tax laws and focus on the announcement by the Indian authorities regarding the issuing of tax free bonds. In our Energy News section we talk about the recent ratification of the cooperation agreement between Cyprus and Israel. We hope you enjoy our last Newsletter for this year. Contact us at info@aspentrust.com for more information on what the Aspen Trust Group can do for you and your business. Cyprus tax and legal news Incentives for investing in Cyprus Over the course of the last three years, Cyprus’ Residence and Citizenship scheme has managed to generate substantial interest from numerous third country individuals that are among the richest people in the world The Government of Cyprus has recently revised the incentive scheme targeting these third country nationals in order to attract an even greater number of high net worth investors from abroad Please download our Update Memo: Incentives for Third Country Nationals to Invest in Cyprus for more detailed information on the revised incentive scheme and to see how the Aspen Trust Group can assist you and / or your clients with the Cyprus residence permit and citizenship application procedure. Fast track procedure for residency update Since the introduction of the new “fast track” procedure in August 2012, ten residence permits for third country nationals have been granted by the Ministry of the Interior. The Ministry announced that the entire procedure was completed within less than two months from the date of submission of each application. The Aspen Trust Group has assisted clients in the procedure of obtaining residence permits, please contact our team at info@aspentrust.com to find out how we can assist you. Source: Ministry of the Interior, www.moi.gov.cy 2 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 3. Newsletter Cyprus double tax treaties updates Cyprus continues to extend its network of Double Tax Treaties. Firstly, at the end of November 2012 Cyprus and Spain commenced negotiations on a Double Tax Treaty. We look forward to updates and shall bring you the latest news as soon as they are published. The Cyprus – Portugal Double Tax Treaty and the related protocol were signed by the two countries following Cyprus’ removal from Portugal’s Black List. You can find more detailed information in our Update Memo: Cyprus – Portugal Double Tax Treaty. Cyprus – Finland Double Tax Treaty was signed in November. The main provisions of the treaty can now be found in our Update Memo: Cyprus – Finland Double Tax Treaty. The ratification process of the Double Tax Treaty between Cyprus and Poland was completed at the st beginning of November 2012 and the protocol will apply from the 1 of January 2013. Please download the Update Memo: Cyprus – Poland Double Tax Treaty. Amendments to the law on collection of taxes th On the 15 of November 2012 the House of Representatives voted through the amendments to the Assessment and Collection of Taxes Law in an effort to minimize the administrative burden for st companies and the Department of Inland Revenue amendments will come into effect on the 1 of January 2013 and include the following: a) The number of provisional tax instalments made by companies and self-employed individuals is st reduced from three to two. The first instalment is due by the 31 of July and the second - by the st 31 of December of the year to which they relate; b) The electronic submission of the Employer’s Return form (I.R.7) becomes mandatory. The th st submission deadline of the form is extended by three calendar months, from the 30 of April to 31 of July; c) Documentation supporting the tax returns needs to be kept for six years from the end of the related tax year, as opposed to the previous requirement of seven years. For more detailed information or clarification on how the above developments affect your business, please contact our team at Aspen Trust Group at info@aspentrust.com. Inland Revenue: Clarification on connected companies In a recent meeting with the Cyprus Institute of Certified Public Accountants, the Inland Revenue Department clarified how it will interpret the Article 33 of the Income Tax Law 2001 relating to contributions made by companies to related companies overseas as well as to the transfers of assets that do not give rise to taxable income. Article 33 gives the Department the right to adjust transactions between connected companies, individuals and entities based on the arm’s-length principle and to tax the resulting deemed profits, gains or benefits. 1. Transfers of assets: The Department of Inland Revenue will not apply Article 33 to transfers that do not give rise to taxable income hence no deemed receivable is created and no secondary adjustments are required This applies to assets that are disposed to related parties at a price different from the market price. 2. The Inland Revenue Department will not apply Article 33 when a Cyprus company makes a capital contribution to a related company without receiving shares in consideration provided that it can be proven that the Cyprus entity has no right to claim back the amount concerned and this amount can only be returned to the Cyprus company by means of a reduction of capital or the liquidation of the foreign company, unless the contribution is returned (whether by way of reduction of capital or liquidation) within two years. Please contact our team at Aspen Trust Group at info@aspentrust.com for further clarifications. 3 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 4. Newsletter International tax and legal news New tax rules in Ukraine In addition to the incentives to companies in “priority industries” and the Cyprus – Ukraine Double Tax Treaty, the Parliament of Ukraine adopted a new piece of legislation which introduces amendments to the Tax Code and other laws and regulations. Please find below a summary of the major amendments: 1. Simplified VAT registration procedure: Tax authorities are now required to complete the VAT registration based on the relevant application within five days. To be eligible for VAT registration the taxpayer will only need to verify that it makes supplies subject to VAT, despite of the value of such supplies, the VAT status of the taxpayer’s clients or the amount the taxpayer’s charter capital; 2. Taxation of individual’s foreign-sourced dividends: The personal income tax rate on dividends received from companies incorporated outside Ukraine is set to 5% by the new tax law. Previously only Ukrainian sourced dividends enjoyed the 5% tax rate. Dividends need to be declared in the st annual tax return, which has to be filed by the 1 of May following the reporting year; st 3. CPT advance payments: From the 1 of January 2013 onwards a new procedure for Corporate Profit Tax will apply to companies whose annual income exceeds UAH10 million (approximately €1.25 million). The new rules will not apply to non-profit organizations, agriculture and newly established companies. According to the new procedure, a taxpayer pays CPT monthly and uses the financial figures of the previous year. This monthly CPT payment is determined as the profit for the previous year divided by 12 months; 4. Tax losses carry forward: According to the new rules, the total amount of tax losses incurred st st before the 1 of January 2012 (including those incurred before the 1 of April 2011) will be divided into 25% parts and deducted for CPT purposes from 2012 to 2015 consecutively. This 25% tax loss limitation will be applicable only to companies whose 2011 income exceeded or was equal to UAH1 million (approximately$ 95,200). For companies with income below this threshold the historical tax losses are deductible in full. Cyprus plays a very important role in Ukrainian foreign trade and investment. The island remains the largest investor in Ukraine’s economy and both countries have a huge potential to further develop mutually beneficial commercial relations. For more information on how Aspen Trust Group can assist your business in investing in Ukraine, please contact our team at info@aspentrust.com. Source: International Law Office, www.internationallawoffice.com Changes to Polish tax laws st st Poland is planning extensive changes to its tax law, effective from the 1 of January 2013 and the 1 of July 2013. Please find more detailed information in out Update Memo – Changes to Polish Tax Laws. Changes are expected in the following areas: Changes to the Goods & Services Tax and Regulations on Invoicing · Point of Taxation · Invoices · Taxation Base · Free of charge supplies of goods rules extended · Input VAT deduction rules simplified Changes to the Personal Income Tax · Limitation on the copyright tax deductible costs · Child tax relief eligibility limited · Internet relief limited · New rules on taxation of income of partnerships limited by shares 4 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 5. Newsletter Changes to the Corporate Income Tax · A partnership limited by shares as a taxpayer of corporate income tax · Exclusion of a permit – the so-called participation loan · Changes regarding transfer pricing and underlying tax documentation The Aspen Trust Group has substantial expertise and knowledge in assisting clients in Poland. Please contact out team at info@aspentrust.com in order to obtain more detailed information and to discuss how these changes might affect your business. Source: Baker Tilly Poland, www.bakertillypoland.eu India announces tax free bond issue A notification listing ten infrastructure companies that will be allowed to issue tax free bonds up until the end of the financial year (calendar year 2012) was issued by the Indian Income Tax Department. The bonds are available to individual retail investors, qualified institutional buyers, corporates and high net worth individuals and they will be for ten, fifteen or twenty years. The goal is to raise INR 535 billion (approximately € 7.5 billion) and each company has to raise 75% of their allotted amount through public issues, of which 40% is reserved for retail investors. The interest offered will be between 7.5%-8% and it will be capped at a rate determined by the government security rate, the category of the investor and the credit rating of the issuer. The ten companies granted the permission to issue tax free bonds are: · The National Highways Authority of India · The Power Finance Corporation · The Indian Railway Finance Corporation Ltd · The Rural Electrical Corporation · The India infrastructure Finance Company Ltd · The Jawaharlal Nehru Port Trust · The Housing and Urban Development · The Dredging Corporation of India Ltd Corporation Ltd · Ennore Port Ltd. · The National Housing Bank The Aspen Trust Group has assisted various clients in investing into India. For more information on the above and what the Aspen Trust Group can do for your business, please contact our team at info@aspentrust.com. Source: Tax-News.com, www.tax-news.com Energy News Cyprus and Israel: Energy agreement An agreement on cooperation between the Republic of Cyprus and Israel in the areas of renewable energy sources and energy efficiency was ratified by the House Plenary of Cyprus. rd The agreement signed on the 3 of November 2011 aims to facilitate the cooperation of the relevant authorities of Cyprus and Israel through exchange of knowledge and expertise regarding the instalment and functioning of renewable energy sources. In addition, it entails the drafting and management of related grants and subsidy schemes. Furthermore the agreement aims to tackle the drafting of legislation and the issuing of regulations regarding energy efficiency of buildings, home appliances and their classifications, the development of the appropriate methodology and software for the energy efficiency of buildings in the residential sector and the preparation of energy certification of buildings. Special provisions in the agreement take in consideration energy control and projects to improve energy efficiency, inspection of boilers and air conditioning systems, as well as laboratory testing of solar water heating systems. Source: Financial Mirror, www.financialmirror.com 5 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 6. Newsletter Our Services The Aspen Trust Group is an independent provider of International Business Services in the fields of Corporate Services, International Fund Services, Private Wealth Management and Intellectual Property Management Services. Offering a range of tailor made solutions to discerning investors, corporations and High Net Worth Individuals, we take care of our clients’ interests and make sure that the implementation and management of each solution is in line with their current and future ambitions. We offer services in: · International Tax Planning · Company and Trust Formation Services · Trustee and Nominee Services · Legal Administration and Company Secretarial Services · Company Administration Services · Accounting and Financial Management Services · Set-up and Administration of International Collective Investment Schemes (ICIS) · Intellectual Property Management · Residence and Citizenship Solutions We can provide a seamless link between the international tax planning advice, day-to-day operations and reporting of our proposed structures: · We source the tax advice and assist in the architecture of the optimal structure for our clients’ business needs · We implement the structure in accordance to the advice · We provide the day-to-day administration and back-office support in line with the agreed advice · We liaise with third party auditors to ensure financial reporting and tax compliance is in line with the tax advice · We proactively provide our clients with new ideas on improving their company structures and enhancing their business Contact us at info@aspentrust.com for more information on what the Aspen Trust Group can do for you and your business. 6 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 7. Newsletter Tax diary Date Obligation Payment of Tax Deducted (PAYE) deducted from employees’ salaries for the previous month Payment of the withholding of defence contribution on the amount of the rent paid by End of each month companies, partnerships and the Government and local authorities. Defence contribution deducted from dividends and interest paid for the previous month Social insurance and other contributions deducted from employees’ salaries for the previous month Submission of the deemed dividend distribution declaration for the relevant tax year (2 31 January each year years back) Submission of personal income tax returns by individuals earning more than €19,500 for the previous year. All tax returns irrespective of year of assessment, from 1 July 2011 and 30 April each year after, have an extension of submission up to 3 months provided that they are submitted electronically Submission of employers’ return for the previous year Submission of personal income tax returns for the previous year by individuals who do not prepare audited accounts if their gross income exceeds €19,500, but are obliged to issue invoices, receipts, etc. All tax returns irrespective of year of assessment, from 1 July 2011 and after, have an extension of submission up to 3 months provided that they are submitted electronically 30 June each year Payment of tax balance for the previous year through self assessment by individuals who do not prepare audited accounts, but are obliged to issue invoices, receipts, etc. Payment of special contribution for defence for the first half of the current year Submission of provisional tax assessment for the current year and payment of the first instalment 1 August each year Payment of previous year’s tax balance through self assessment by individuals and companies preparing audited accounts Payment of the second instalment of provisional tax assessment for the current year 30 September each year Payment of immovable property tax for the current year Submission of tax returns for the previous year for individuals and companies preparing audited accounts. All tax returns irrespective of year of assessment, from 1 July 2011 and after, have an extension of submission up to 3 months provided that they are submitted electronically. 31 December each year Payment of the third and last instalment of provisional tax assessment for the current year Payment of special contribution for defence for the second half of the current year Submission of a revised provisional tax assessment for the current year (if necessary) By the 10th of the second month Submission of VAT return and payment of VAT due after the end of the VAT period By the 10th of the next month Submission of Intrastat after the end of the month By the 15th of the next month Submission of VIES after the end of the month Non compliance with the above deadlines results in penalties and interest depending on the deadline not complied with. Note: The rate is determined by the Minister of Finance through a decree and it is applicable for the whole year. The rate for 2010 was set at 5,35%. From 1 January 2011 the rate is set at 5%. 7 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com
  • 8. Newsletter Legal diary Registrar of Companies in Cyprus Sections 121,125 and In accordance with the provisions of Section 121,125 and 152 of the Companies Law, 152 of the Companies Cap 113,as amended every company registered in Cyprus, is under an obligation to hold Law, Cap 113, as an Annual General Meeting (AGM) approving the company’s accounts amended 125.(1) Every company shall in each year hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notices calling it; and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next: Provided that, so long as a company holds its first annual general meeting within eighteen months of its incorporation, it need not hold it in the year of its incorporation or in the following year. The Board of Directors Resolution approving the company accounts must be held 7 days before the AGM Notice is sent to the Shareholders. The AGM Notice must be sent at least 21 days before the AGM is to take place. st th For companies incorporated between 1 of January and 30 of June – AGM must be held st by 31 December of the current year. st st For companies incorporated between 31 of July and 31 of December – AGM must be st held by 31 December of the next year. Every company having a share capital shall, once at least in every year make a return (submit HE32 Form to the Registrar of Companies) with respect to the registered office, registers of members and debenture holders, shares and debentures, indebtedness, past and present members and directors and secretary. Section 118 of the The HE32 Form submission date is 14 days after the AGM/Minutes date. Companies Law, Cap The Registrar of Companies in Cyprus does not accept HE32 forms which are not 113, as amended accompanied by the relevant audited accounts. Non compliance with the above deadlines results in penalties imposed by the Registrar of Companies in Cyprus. Companies Annual Levy On the 26th August 2011, the Cyprus Parliament voted the first package of austerity measures. A number of amendments were made to various legislations with the aim of raising revenues and decreasing Government spending in order to avoid entry into the support mechanism. The areas affected by these amendments include taxes, levies for companies incorporated in Cyprus, the introduction of contributions to the pension schemes of Government employees and semi-governmental organisations, and a levy for two years on the salaries and pensions paid to employees of those in the public sector. An annual levy of €350 is imposed on all Cyprus companies, payable to the Registrar of Companies. For group of companies, a maximum limit of €20,000 is set. For 2011 the levy was due by 31st December 2011. For all subsequent years the levy must be paid by 30th June. The companies which are registered starting with 2011 will pay the annual fee starting with the next year. This is to say that companies registered in 2011 will pay the first annual fee by 30 of June 2012 and the companies which will register in 2012 will pay the first annual fee by 30 of June 2013. Companies exempt from paying the levy are those which are dormant, have no assets or those which own property located in the non Government controlled areas of Cyprus. Failure to pay the levy on time will result in the following penalties: Payment Penalty Within two months of the due date 10% Between two and five months of the due date 30% Overdue by five months Company is removed from registry The fee for returning the company to the registry within two years is €500 per annum and thereafter €750 per annum. 8 Elia House, 77 Limassol Avenue, 2121 Nicosia, Cyprus, Tel. No.: +357 22418888 Fax. No.: +357 22418890 E-mail: info@aspentrust.com; www.aspentrust.com