INTERPRETATION OF ARTICLE 5(2)(G) OF INCOME TAX LAW 118(I)2002, AS AMENDED
Tax Department issued a circular on 14 November 2017 to clarify an important part of the law.
The law stipulates that whenever a company grants a loan or any other financial facility to its directors or shareholders who are individuals, or their spouses or their relatives up to the second degree of kindred, then it will be deemed that this person has a monthly benefit equal to nine per cent (9%) per annum on the balance of such loan or any other financial facility.
According to a written communication by ICPAC Tax Committee to ICPAC members (dated 4/10/2012), the provisions of this law would not be applied in respect of individuals not visiting Cyprus and for those that would be visiting for a few days, the benefit would be restricted in proportion to the days of their presence in Cyprus.
By issuing this circular (No. 14), this dispensation is withdrawn.
In effect, the benefit, which is deemed to be granted to directors or shareholders who are individuals or their spouses or their relatives up to the second degree of kindred who are not tax residents in the Republic, will be calculated on the whole year, irrespective of their period of stay in the Republic of Cyprus.
However, we now understand that will come into effect for accounting periods commencing at 2018 onwards only.