Cyprus Tax Updates 2013


Filing of temporary tax return for 2013

As per the Assessments and Collection of Taxes Law, every company or individual (who derives income

other than from emoluments) must file before 31 July 2013 an estimate of the expected taxable profit for

(corporate) income tax purposes and the resulting tax liability for the year 2013.

1. The temporary tax on such income is payable in two equal instalments as follows:

- 31 July 2013

- 31 December 2013

If the tax is not paid before the end of the month following the month the instalment is due (i.e. 31 August

2013, 31 January 2014 respectively), interest is payable at the rate in force which is currently 4.75% per

annum. Interest is calculated on the basis of complete months.


2. Furthermore, failing to pay the due tax by 31 July and 31 December will result to a monetary

charge of 5% on the tax due per each instalment (in addition to the 4.75% per annum interest). However,

in practice it is expected that the imposition of the 5% monetary charge will be made only if the tax is not

paid by the end of the following month it relates to (i.e. 31 August 2013 and 31 January 2014

respectively for each instalment).


3. The estimate of chargeable income may be revised (upwards or downwards) at any time before

31 December 2013. If the estimate is revised upwards, interest is payable on the difference between the

revised amount payable per each instalment due and the amount initially declared and paid. The interest

is calculated for each complete month for the period the instalment was due (e.g. if a revised return is

filed in September, the interest will be imposed only for the 1st instalment for one complete month). No

monetary charge is imposed on the revised estimates on the proviso that the incremental tax liability is

paid on the date the temporary tax is revised.

If the estimate is revised downwards, the lowest amount that can be declared as provisional tax should

equal the amount of the previous payments made.


4. If the estimated chargeable income (as finally revised) is less than 75% of the actual chargeable

income as this will be declared on the submitted tax return for the year, then there will be an additional

tax of 10% on the difference between actual tax payable and the temporary tax paid.


5. Any difference between the actual tax payable and the temporary tax paid for year 2013 is

payable by 1 August 2014. Any repayment of tax is refundable together with interest at the rate in force

(currently at 4.75% per annum) as from 1 January 2014 (unless there has been a late filing of the tax


6. If a company has neither any chargeable income nor any tax payable, there should be no

penalties for the taxpayer for not submitting a temporary tax return and it will be assumed that the

provisional tax return has been filed with nil balances. This includes the situation whereby a company

has income subject to tax but no resulting tax liability due to the availability of losses brought forward.

However, a company with nil tax due to the availability of foreign tax credit, is still required to file a

temporary tax return in order to avoid the imposition of penalties.


7. Nil returns are no longer accepted. In case of a tax liability, the first instalment must be fully paid on  the date the submission takes place, in order for the return to be accepted without penalties by the tax authorities.


8. Even though according to the law, the due date for both the submission of the return and

payment of the first instalment is 31 July 2013, as long as the return is submitted and the 1st instalment

is paid before 31 August 2013, there should neither be a monetary charge nor any interest for late

payment of tax.


9. According to the provisions of the Income Tax Law as amended, the standard (corporate)

income tax rate as of 2013 is 12.5 % on taxable income accruing to Cyprus corporate taxpayers after

taking into account certain exemptions and deductions.

Change in the tax practice – temporary tax returns are due for filing in case of companies with nil

taxability due to the availability of foreign tax credit

According to the recent change in the tax practise that is applicable as from the tax year 2013, every

company or individual that derives income which is taxable under the (corporate) income tax rules, but

has no tax liability due to foreign tax credit that is claimed (as a result of a double taxation convention or

unilateral relief), must file a temporary tax return indicating nil temporary tax payments. Such temporary

tax return shall indicate the expected chargeable profit, the (corporate) income tax on such profit, and

the tax credit attributable to that profit.