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Legal Information for Buying, Transferring, Selling or Renting Immovable Property by Foreigners in Cyprus 
 
 
Acquisition of Immovable Property by Foreigners in Cyprus (Ownership)
 
Non-Cypriots are allowed to buy in Cyprus for their personal use either:
 
a) An apartment, or a house,
 
b) or a villa on a site,
 
c) or a piece of land.
 
The maximum allowed area is 4,013 m².
 
Moreover, offshore entities may also entitle to acquire a property in Cyprus for their business purposes and/or for their foreign employees' residential needs. In certain circumstances a non-Cypriot may be given permission to own a property that exceeds these dimensions.
 
Permission to transfer the property for sale in Cyprus to the non-Cypriot's name must be sought from the Cyprus Council of Ministers. However this is granted more or less as a matter of course to all bona fide purchasers.
 
In the meantime, purchasers may take possession of the property without restriction. The application to the Council of Ministers to acquire immovable property in Cyprus can be made within a reasonable time after signing the contract of sale.
 
Note: European Union Citizens do not need permission from the Council of Ministers to purchase one or more properties in Cyprus.
 
Exclusion: If they are not permanent residents they need permission to buy a secondary residence in Cyprus.
 
 
Application Procedure for the Issue of Permit
 
The Ministry, under the Immovable Property Acquisition (Aliens) Law Cap. 109. require for the application the following:
 
1) Survey plan.
 
2) Copy of the title of ownership.
 
3) Copy of the building permit for the erection of the house/block of flats or for the residential development of estates. If separate titles of ownership have been issued for the flats of the block or if the house is mentioned on the title of ownership, applicants need not submit a copy of the building permit. For plots under division, applicants must submit a copy of the division permit.
 
4) Copy of the deed of sale.
 
5) Sectional view of the building or the flat. Very old houses mentioned on the title of ownership are exempted. A division plan must be submitted in the case of division of plots. In areas of residential development, the plan must be submitted showing the position of the house on the entire holding.
 
6) Area in square metres of the plot, which is to be acquired.
 
7) Documents proving the financial situation of the applicants.
 
8) Copies of the pages of the applicants' passports and those of their spouses (the pages containing the data and the photo of the holders and stamps of arrival to and departure from Cyprus).
 
9) Certificate of marriage of the applicants or relevant attestation of their Embassy and in cases where the spouses do not have the same surname and when the name of the husband is not written on the wife's passport.
 
10) Copy of residence permit and work permit of the applicants in Cyprus.
 
11) Application COMM 145, completed clearly and in full.
 
12) If the applicant is a company or a shareholder in an offshore company, it is necessary to submit the certificates of registration, of shareholders and of the registered offices of the Company.
 
13) If the applicant is a Company, a copy of the company's Articles of Association must be submitted and written information must be furnished on the company's activities in Cyprus and the staff it employs, both Cypriots and foreigners with the social insurance numbers.
 
 
Transfer of the Property

Transfer of the property bought may be affected only through a formal declaration of sale in a District Land Office, in the presence of both parties. A lawful agent through a written power of attorney may represent any party.
 
 
Transfer Fees
 
All taxes and duties regarding the property bought, due at the date of the transfer, are payable by the owner (Vendor). The only taxes payable by the purchaser simultaneously with the transfer of the property in his name are the transfer fees which are payable on the market value of the property at the date of the contract, as valued by the District Land Officer , and not on the purchase price if it is lower. The rates on the market value are:
 
Value of Property in CY £
Transfer Fee Rate
Up to CY £ 50,000
3%
From CY £ 50,000 to CY £ 100,000
5%
For every exceeding CY £ 100,000
8%
 
If for example, the purchase of a property made in joint names (i.e. husband and wife, and provided that the total purchase price is more than CY £ 50,000) the calculation for the total transfer fees are as follows:
 
For example, if the market value is CY £ 90,000:
 
 
Value
Transfer Fee Rate
Transfer Fee
The First
CY £ 45,000
3%
CY £ 1,350
The Next
CY £ 45,000
3%
CY £ 1,350
 
 
Total
CY £ 2,700
 
 
Immovable Property Tax
 
The annual immovable property ownership tax is based upon the value of the property. Certain immovable types of property are exempt.
 
Value of Property in CY £
Annual Property Tax (Rate per Thousand)
Up to CY £  100,000
Exempt
CY £ 100,001 to CY £ 250,000
2.0
CY £ 250,001 to CY £ 500,000
3.0
Over CY £  500,000
3.5
 
Notice: Immovable property tax is based upon the value of the property in 1980, which is much lower than the current market value. So there is no or little immovable property tax for the majority of properties in Cyprus.
 
 
Stamp Duty
 
Due at the time of signing the contract, stamp duty is levied at the rate of CY £ 1.5 per CY £ 1,000 up to the value of CY £ 100,000 and above that the rate is CY £ 2 per CY £ 1,000.
 
For example, if the value (or purchase price) is CY £ 150,000:
 
 
Value
Stamp Duty (% per CY £ )
Stamp Duty Cost
The First
CY  £ 100,000
1.5%
CY £ 150
The Next
CY £ 50,000
2.0%
CY  £ 100
 
 
Total
CY £ 250
 
 
Local Authority Taxes and Rates
 
As a rule, not more than CY £ 200 yearly. These taxes and rates include street lighting, sewerage, garbage collection, etc…
 
 
The Title Deed
 
Transfer of the property bought may be affected only through a formal declaration of sale in a District Land Office, in the presence of both parties. A lawful agent through a written power of attorney may represent any party.
 
Transferring the ownership requires two permits:
 
a) From the Council of Ministers and,
 
b) From the Central Bank of Cyprus.
 
In the case of the non-Cypriot, a prerequisite of registration is evidence that the property has been paid for with foreign exchange. When one purchases a house or a piece of land, the owner (vendor) as a rule must have a title deed in his own name, which can be transferred to the purchaser. These are some important issues, which the purchaser's solicitor must take into consideration and embody in the contract.
 
Taxation
 
There are substantial tax advantages for U.K. citizens retiring to Cyprus.
 
The U.K. / Cyprus double taxation treaty, which is unique in this respect, enables United Kingdom pensioners to remit both government as well as private sector occupational pensions to Cyprus free of withholding taxes in the United Kingdom.
 
In practically all other United Kingdom double taxation treaties government pensions are almost always subject to withholding taxes at source. Hence the relief offered to British government pensioners resident in Cyprus is unique to Cyprus and generally not available elsewhere under the terms of other U.K. double taxation treaties.
 
Foreign retirees pay income tax at the rate of 5% per annum on all imported pensions, with an annual exemption of the first CY £ 2,000.
 
Estimated Savings
 
Assume United Kingdom pension of UK £ 20.000 per annum.
 
United Kingdom withholding taxes would therefore be UK £ 5.000.
 
The above pension remitted to Cyprus income tax in Cyprus would be only UK £ 875.
 
Gross saving in respect of United Kingdom income tax UK £ 4,125.
 
Tax Benefits
 
The United Kingdom also maintains a reciprocal agreement with Cyprus in respect of National Insurance pension's benefits, which in the hands of foreign retirees living in Cyprus remain index linked.
 
Increasingly, Cyprus is used as a residential base for former residents of the U.K. Who wish to restructure their personal assets in a favourable tax jurisdiction, where U.K. capital gains tax and income tax exposure can be effectively and legally minimized? The potential tax advantages for retirees are thus truly substantial and the use of Cyprus as a fiscal base for retirees of all nationalities should not be ignored.      
      
      
Income Tax
 
The tax rates for individuals are as follows:
 
Taxable Income CY £
Tax Rate %
Tax CY £
Cumulative Tax CY £
0 – 10.000
 0
0
0
10.001 – 15.000
20
1.000
1.000
15.001 – 20.000
25
1.250
2.250
20.001 and over
30
 
 
      
      
Capital Gains Tax
 
Capital gains tax is imposed only on immovable property situated in Cyprus or share of capital which own immovable property situated in Cyprus.
 
On disposal of the property, capital gains tax will be payable at the rate of 20% on the gain with the first CY £ 10,000 being exempt for each person. There is also an indexation allowance.
        
On top of this allowance, the seller is entitled to a further allowance regarding the transfer fees paid, inflation rate per year and the cost of any additions made to the house.
 
Gains from the disposal of a dwelling house are exempt up to CY £ 50,000 in total if the owner resides in it continuously for at least five years prior to disposal.
 
All exemptions are lifetime.
        
      
Corporation Tax
       
The Cyprus tax legislation complies with the EU regulations and the OECD requirements against harmful tax practices. Cyprus’ accession to the EU combined with an attractive tax system make Cyprus an ideal jurisdiction through which to conduct international business.
 
All companies are subject to corporate tax at a rate of 10%. This is the lowest corporate tax rate in Europe.
 
Value Added Tax
 
Cyprus had adopted all the provisions of 6 th EU Directive regarding VAT as from 1 May 2004.
 
Value Added Tax is imposed on the provision of goods and services in Cyprus as well as on the importation of goods into Cyprus up to 30 April 2004. Since 1 May 2004 VAT is imposed on importation of goods from Non-EU member states only.
 
Rates
 
Standard rate
15%
Reduced rate
5%
Zero rate
0%
      
Standard Rate 
 
The standard rate applies to any provision of goods and services in Cyprus not subject to the zero rates, the reduced rate or is exempt. As from 1 May 2004 children's clothing and footwear are taxed with the standard rate of VAT at 15%.
 
Reduced Rate
 
The reduced rate applies to hotel services, to provision of food in the course of catering, fertilisers, animal food and pesticides. As from 1 May 2004 the reduced rate apply also to newspaper, magazines and books, public bus transports, nuts etc.
 
Zero Rates
      
Zero rated supplies include the provisions of food supplies, medicines, export to third countries etc.
 
Exemptions
 
Exempt supplies include rental of immovable property, financial services, hospital and medical services, postal services, insurance services etc.
        
      
VAT on Immovable Property
 
As from 1 May 2004, VAT was imposed on the sale of new buildings at a rate of 15%. Exemption to the above is the sale of residential building which will be used as the first residence which will be taxed at 5% under certain conditions which are expected to be issued by the Ministry of Finance.
 
Tax Advantages
 
Cyprus is unique when it comes to the taxation aspects of living on the island. Retirees who become residents in Cyprus are taxed on their pensions from abroad at the rate of 5% for amount: exceeding CY £ 2,000 annually. Of course as for all Cypriot tax residents their total annual income up to CY £ 10,000 (as from 2004) is tax exempt. Additionally, Cyprus has Double Taxation treaties with many European and other countries, safe-guarding its residents from paying tax in both countries. This gives the option to the citizens of those countries to take advantage of the very low rate in Cyprus.
 
Double Taxation Agreements
 
Cyprus has double-taxation agreements with Austria, Bulgaria, Canada the People's Republic of China, the Czech Republic, Denmark, Egypt, France, Germany, Greece, Hungary, India, Ireland, Italy, Kuwait, Malta, Norway, Poland, Romania, Belarus, Russia, (Armenia, Kyrgyzstan Moldova, Uzbekistan, Tajikistan and Ukraine) Slovakia, South Africa, Sweden, Syria, the United Kingdom, the United States, Yugoslavia Belgium, Denmark, Lebanon, Mauritius, Singapore, Thailand.
 
The main purpose of these treaties is the avoidance of double taxation of income earned in any of the above countries. A credit is usually allowed against the tax levied by the country of the tax payer's residence for taxes levied in the other country.
 
 
Selling your Property
 
You can sell the property at any time and with no restrictions. However there are two different cases:
 
a) If the property is sold to a non-Cypriot who is paying from external funds, then the whole amount can be repatriated without any requirements,
 
b) If the property is sold to a Cypriot, who is paying in Cyprus pounds then the seller is entitled to repatriate an amount equal to:
 
     1) what he paid to buy the property,
 
     2) plus any other (proved) costs involved with additions or extensions of the property,
 
     3) plus the transfer fees,
 
     4) plus the inflation,
 
     5) plus CY £ 50,000 (fifty thousand pounds) per person per year.
      
      
Residential Permit
      
Residential Permit is easily obtained for persons living in Cyprus, who have purchased property.
 
Temporary Permit: The granting of this permit requires the existence of a bank account in Cyprus and a sales agreement of the property purchased. Temporary residence status can be from one to four years.
 
Permanent Permit: In addition to the above requirements, the applicant must establish evidence of a secured annual income of not less than CY £ 5,300 (five thousand three hundred Cyprus pounds) for a couple.
 
Non-Cypriots wishing to reside permanently in Cyprus must apply to the Committee of Aliens Control. To obtain residence permission a Non-Cypriot should fall in the following categories:
 
CATEGORY A: In this category are included people who are interested to open an offshore office in Cyprus.
 
CATEGORY B: In this category are included self-employed foreigners who are interested to open their own business in Cyprus on the condition that their operations will not have negative impact on the economy of Cyprus. Additionally the minimum capital required is CY £ 150,000.
 
CATEGORY C: In this category are included Non-Cypriots who are interested to be employed in Cyprus by a Cypriot employer. Permission is granted on the condition that their employment will not lead to an increase in the local unemployment in the profession they will practice.
 
CATEGORY D: In this category are included foreigners not employed in Cyprus however would like to reside permanently in Cyprus. Permission will be granted on the condition that they have received from abroad and is no less than CY £ 3,800.
 
Non-Cypriots wishing to take up employment in Cyprus are required to have a permit under the Aliens and Immigration Law.
 
Temporary residence is easy to obtain once the applicant fulfils certain requirements. To apply for temporary residence a visit to the local immigration office should be arranged and produce the following documents:
 
a) A certificate from a local bank stating that the applicant is a holder of an external account at that bank and stating the balance of the account. Obviously, the larger the balance, the more favourably the applicant will be seen.
 
b) Passport.
 
c) 3 photos.
 
d) CY £ 20.
 
e) Copy of Rental Agreement or Sales Contract.
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