Cyprus transfer pricing documentation frequently asked questions issued by the Cyprus Tax Department
Following on from our previous publication on Transfer Pricing Documentation below are frequently asked questions as clarified by the Cyprus Taxation Department:
1. If the controlled transactions in Category “A” cumulatively exceed or shall exceed the relevant threshold based on the arm’s length principle as described in article 33(9)(a) of the ITL and at the same time the controlled transactions in Category “B” cumulatively do not exceed the €750.000 threshold in a tax year, is there an obligation to include the controlled transactions of Category “B” in the Cyprus Local File?
No, there is no obligation to include Category’s “B” controlled transactions in the Cyprus Local File.
Only, the controlled transactions of a category that cumulatively exceed or shall exceed the threshold based on the arm’s length principle during a tax year must be documented and analyzed in the Cyprus Local File.
In this specific example, it will be Category’s “A” controlled transactions only.
2. How is the threshold being determined in the context of rental income activities during each tax year?
The threshold is determined by reference to the total rental income based on the arm’s length principle in a tax year.
3. Do purchases and sales need to be aggregated to assess whether the threshold has been exceeded?
Yes, the threshold is based on reference to the absolute values of the controlled transactions for each category occurring in a tax year.
For example, if total purchases and total sales amount to €400.000 and €700.000 respectively, the cumulative amount in this category is € 1,100.000. Thus the threshold in this category has been exceeded.
4. Is the Cyprus Local File and Summary Information Table prepared using the tax year or the accounting year of the company?
The Cyprus Local File and Summary Information Table are prepared concerning the tax year.
5. Under which category of the Summary Information Table should Financial Guarantees be reported?
Financial Guarantees should be reported under the category “Financial Transactions”.
6. Should a Benchmarking study be prepared every tax year or only if something changes concerning the intra-group loans?
A Benchmarking study should be prepared when a group loan is initiated and updated when:
(i) New loans are provided or received by the company, or
(ii) significant terms of the existing loans change or amended, or
(iii) the functional profile of the company changes, or
(iv) the market and economic conditions change significantly (if applicable).
The above list is indicative and not exhaustive. Further guidance is provided in the OECD TP Guidelines.
Plenote that per article 33(10) of the ITL, the master file (where applicable) and the local file shall be updated every tax year.
7. Who is responsible for the completion and submission of the Summary Information Table?
It is the responsibility of the taxpayer to complete the Summary Information Table. The Summary Information Table shall be submitted by the Statutory Auditor or Tax Consultant.
8. Is the circular dated 30/06/2017 with the title “Tax treatment of intra-group back-to-back financing transactions” still applicable following the enactment of the new TP Legislation and Regulations?
The Back to Back circular was abolished as of 01/01/2022.
9. How is the threshold in the context of loan financing activities being determined in a tax year?
The threshold in the category of loan financing transactions is determined only by reference to the loan principal including interest charged but not paid.
10. Continuing from question 9 above, which balance is relevant in the case of loan financing activities (e.g. year-end, average balance for the year, facility amount)?
The maximum loan balance (i.e. only the loan principal including interest charged but not paid) during the tax year should be used to determine the threshold in the respective tax year and be reported in the Summary Information Table.
11. Should the loans or any other monetary facilities including cash withdrawals (but excluding any balances arising from commercial transactions) granted by companies to the persons described in article 5(1)(z) & 5(2)(z) of the Income Tax Law L. 118 (I)/ 2002 be taken into account to assess whether the threshold of €750.000 has been exceeded in the category of financing activities?
No, provided the company which is granting the loans or any other monetary facilities including cash withdrawals to its directors or to its shareholders who are individuals or their spouses or to their relatives up to and including the second degree of kinship does not have as a taxable activity the provision of financing.
In this specific case only, such balances should not be taken into account to assess whether the threshold has been exceeded in the category of financing activities and as such should not be reported in the Summary Information Table. No documentation concerning these specific transactions in the local file is required
12. Company A borrows from a related Company B or a related individual B, the amount of €6.000.000 to buy shares of the same amount.
The shares with an acquisition cost of the amount of €6.000.000 fall under the definition of “titles” as per article 2 of the Income Tax Law L. 118 (I)/ 2002 and circular 2008/13.
Should the transaction be as described above:
12.1 be documented in the Cyprus local file?
12.2 be excluded from the Summary Information Table?
In the case of Company A only (i.e. the Borrower), the transaction shall not be documented in the Cyprus local file and it shall be excluded from the Summary Information Table to the extent that the interest incurred does not constitute a tax-deductible expense in accordance to the provisions of articles 11(15) and 11(16) of the Income Tax Law L. 118 (I)/ 2002 and any other related Tax Circular that is in force.
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