Cyprus: Russia’s deoffshorisation law and Cyprus companies

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cyprus: Russia’s deoffshorisation law and Cyprus companies

charalambous.jpg

Katerina A Charalambous

Cyprus companies have a long history of presence in Russian structures. Russia's deoffshorisation law and, more specifically, the introduction of controlled foreign company (CFC) rules which was set to prevent the shifting of profits to preferential tax jurisdictions and re-route funds back to Russia could also affect the domination of Cyprus companies in such structures. Nonetheless, as it is construed from the aforementioned legislation, nothing is black and white and each case must be viewed on its own merits. In the same vein, the Russian Ministry of Finance has recently clarified the criteria upon which profits of a Cyprus company shall be exempted from Russian taxation. The Ministry has clarified that companies whose large majority of income (more than 80%) is active shall be exempted. However, the active companies' test is not expected to be straightforward, with the list of passive income to include dividends, interest and royalties as well as rental and lease income and income from the provisions of consulting, marketing, legal and other services.

Further, the Ministry of Finance notes that the effective tax rate test whereby companies registered in jurisdictions which exchange information with Russia and impose an effective tax rate equal to, or higher than, 75% of the average tax rate that would have been imposed in accordance with the Russian tax legislation, must also be considered for the purpose of determining whether the profits of the Cyprus company are exempted from Russian taxation. The exchange of information for tax purposes between the two jurisdictions is accomplished based on the Russia – Cyprus tax treaty (income and capital tax) now in force.

The various international tax developments taking place have also urged Cyprus to re-examine its tax regime to catch up and radical changes could be on the horizon. Legislative changes that are expected to reaffirm Cyprus's attractiveness as an international business centre are expected to be presented to the Council of Ministers and implemented soon.

Katerina A Charalambous (katerina.a.charalambous@eurofast.eu)

Eurofast, Cyprus Office

Tel: +357 22 699 222

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

Companies that come to terms with digitised tax processes now will stand to gain from FASTER’s disruption, argues Carlos Silva of Xceptor
Audit specialist Walsh, a 33-year veteran of KPMG, will assume the leadership role in July; in other news, a think tank has claimed that the UK tax advisory market requires ‘urgent reform’
The court emphasised that TP analysis must adhere to the arm's-length principle, be based on the specific facts of each transaction and comply with domestic regulations, one expert says
Singapore extends GST remission in 2025 budget; UK closes in on e-invoicing; two new partners at RSM Belgium ;and more
As we build up to another busy year for the World Tax rankings and ITR Awards, we give a rundown of some of the major firms and trends within the Brazil tax market
Dario Acconci of Hawksford argues that Singapore’s 2025 Budget, which features a hefty corporate income tax rebate, is ‘generous and forward-looking’
The mass firings could affect taxpayer guidance and are expected to reduce the agency’s ability to conduct audits, one expert tells ITR
The law firm, which will operate as an independently managed subsidiary of KPMG, has received court approval with conditions
Krause will take the reins until President Trump’s pick Billy Long assumes the role; in other news, CohnReznick became the latest tax firm to receive private equity backing
Flexibility and transparency on fees ranked favourably against international counterparts, according to new ITR+ research
Gift this article