Cyprus Crypto Tax

Cyprus Crypto Tax

Cyprus Crypto TaxCyprus is currently in the process of building a robust regulatory framework for cryptocurrencies, or, as defined by the Cypriot authorities, for crypto asset service providers (CASPs). However, at this stage, no crypto-specific tax is introduced. Instead, crypto companies are obligated to pay the same general taxes as other types of businesses operating in or from Cyprus.

Cypriot taxes are administered by the Tax Department and the tax year coincides with the calendar year. Annual tax returns have to be submitted electronically.  Just like any other company, crypto companies are obligated to follow general auditing standards and prepare audited accounts which tax returns are based on.

Cypriot standard tax rates which crypto companies might be liable for paying:

  • Corporate Income Tax (CIT) – 12.5%
  • Capital Gains Tax (CGT) – 20%
  • Special Defence Contribution (SDC) – 3%
  • Value Added Tax (VAT) – 19%
  • Social Security Contributions (SSC) – 8.3%
  • Stamp Duty (SD) – 0%-0.2%

In most of the cases, tax treatment is dependent on the type of economic activities and the residency status of a company. A company is tax resident in Cyprus if it’s managed and controlled from Cyprus, or if it’s incorporated or registered in Cyprus but is managed and controlled from abroad.

Cyprus has over 65 international agreements on the elimination of double taxation, which promotes cross-border investments and thus can positively affect the structure of corporate taxes. Only tax resident companies are able to avail of this network.

Corporate Income Tax

Profits earned from cryptocurrencies trading are taxed at the standard corporate income tax rate, but the qualifications of crypto companies may be entitled to certain exemptions and deductions.

If a cryptographic company is a tax resident in Cyprus, it is responsible for paying tax on income earned in Cyprus and abroad. Non-resident companies are taxed on income from their permanent establishment in Cyprus.

All companies are required to pay a preliminary tax on the current year’s income in two equal parts on July 31 and December 31 of the tax year. Final balancing payments should be settled before or as of 1 August of the following year on the basis of a self-assessment that adjusts the total amount of payments according to the actual tax return.

The following are exempt from corporate income tax in whole or in part:

  • Dividends from other Cypriot tax residents
  • interest, except interest related to the company’s normal business or activities closely related to the company’s normal business;
  • Foreign exchange earnings, excluding foreign exchange earnings from foreign exchange trading and related derivatives
  • Gain on the sale of securities
  • Profits from restructuring a particular loan
  • Profit of permanent establishment outside Cyprus
  • Gains from the sale of intellectual property rights under the IP regime

The following expenses incurred to generate income may be deducted in whole or in part from:

  • Interest on the acquisition of assets used in the enterprise
  • Research and development expenditure
  • Employer’s contributions to audited employee payroll
  • Benefits paid to an employee and/or family members already taxed
  • Donations to verified charities
  • Donation to political parties

CAPITAL GAINS TAX

Capital gains tax is generally only levied on profits related to real estate located in Cyprus when the alienation is not subject to corporate income tax. It covers taxable activities such as sale, exchange, lease, gift, waiver, right to purchase and any amount of money received in cancelling the disposal. The tax may relate to any cryptographic company operating in Cyprus, as one of the preconditions of a cryptographic license is the presence of a fully operational office in Cyprus.

This is usually superimposed on:

  • Benefits derived from the disposal of real estate in Cyprus
  • Profits from the sale of shares of real estate companies in Cyprus
  • Profits from the sale of shares of companies that indirectly own immovable property located in Cyprus, where at least 50 per cent of the market value of these shares is in real estate located in Cyprus

Shares listed on any authorized stock exchange are not subject to capital gains tax.

SPECIAL DEFENCE CONTRIBUTION

Special Defence Contributions are levied on income earned by tax residents in Cyprus (companies and shareholders). In all cases it’s paid by the company and is imposed on dividends, passive interest and rental income. Non-tax residents are exempt from the tax.

The rates, including exemptions, vary significantly:

  • Dividends received by a resident shareholder from Cyprus resident and tax non-resident companies – 17%
  • Dividends received by Cyprus tax resident company is usually 0%, unless they don’t meet certain conditions
  • Interest income sourced from the ordinary activities of the business, received either by a resident shareholder or a tax resident company – 0%
  • Other interest income received either by a resident shareholder or a tax resident company – 30%
  • Rental income received either by a resident shareholder or a tax resident company – 3%

The Special Contribution for Defence due on interest and dividends received gross is payable at the end of the month following the month in which they were received. The tax on rental income is payable every year in six monthly instalments on the 30th of June and on the 31st of December.

VALUE ADDED TAX

According to EU legislation, the provision of services related to the exchange of cryptocurrencies in fiat currencies and vice versa is not subject to VAT. However, since the sale of goods and most services in Cyprus is subject to Cypriot VAT, some cryptography-related activities may be subject to VAT.

Registration of VAT payments is mandatory for companies that meet one of the following conditions:

  • Companies whose turnover exceeds EUR 15,600 for 12 months
  • Companies expected to exceed EUR 15,600 within the next month
  • Companies purchasing products from other EU countries for more than EUR 10,251.61 per calendar year
  • Companies engaged in the supply of products or services within the community or in the supply of products for which the recipient must account for the VAT according to the rules of the reverse

Companies whose turnover is less than 15,600 euros or whose products or services are not subject to VAT but for which the right to claim the amount of the relevant VAT is granted, have the opportunity to register voluntarily.

SOCIAL SECURITY CONTRIBUTIONS

Crypto companies as employers have responsibilities such as paying social security contributions that apply to the employee’s gross salary and are calculated in proportion to the employee’s income. Contributions, like other Cypriot taxes, must be paid in euros, as cryptocurrencies are not accepted as legal tender.

Funds that a company has to contribute to:

  • Social insurance fund – 8.3%
  • General healthcare system – 2.9%
  • Redundancy fund – 1.2%
  • Professional training fund – 0.5%
  • Social Cohesion Fund – 2%
  • Holiday fund – 8%

Ready to grow your crypto company in Cyprus? Our team of dedicated and quality-focused lawyers here at Regulated United Europe (RUE) will be delighted to provide you with tailored, value-added support in structuring your taxes in accordance with local legislation. We also offer crypto company formation, crypto licensing in Cyprus and financial accounting services. Our team will be happy to familiarise you with all cryptocurrency regulations in Cyprus. Contact us now to book a personalised consultation.

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