|

|
[
Property
Ownership ] [
Property
Registration/ Transfer Fees ] [
Stamp
Duty ] [
Immovable
Property Tax ] [
Acquiring
the Title Deed ]
[
Residential
Permit ] [
Legal
Safeguards for Foreign Investors
] [ Selling
your Property ] [
Taxation
] [ Estimated
Savings ]
[
Tax
Benefits
] [
Duty
Free Privileges ] [
Simple
Guide ]
[ Check
List ] [
Residence
in Cyprus] [
Immigration Permit
]
Property
Ownership
Compared to many
other countries purchasing property in Cyprus by foreigners is
relatively simple.
Non Cypriots are permitted to purchase (for their personal use)
either:
an
apartment
a house or
a villa on a site
a piece of
land
The maximum allowed area is 4,013 square meters (an equivalent
of 43,195 square feet)
Offshore entities may also acquire property in Cyprus (for their
business purposes and/or for their 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 bought 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.
Property Registration/Transfer Fees
Real Estate Transfer tax-fees are necessary in order to transfer
FREEHOLD ownership to the name of the purchaser. This can be
done as soon as the relevant Government Authority has issued the
title deed and the purchase has been completed. The Transferee
is responsible for the tax payment. The rates are on a graduated
scale:
|
Value
of property in Cyprus Pounds |
Transfer fee rate
( %) |
|
Up to
50,000 |
3 |
|
From
50,000-100,000 |
5 |
|
Over
100,000 |
8 |
For
Example, if the purchase price is CY£
90,000:
|
|
Value |
Transfer Fee Rate |
Transfer Fee |
|
The
First |
CY£
50,000 |
3 % |
CY£
1,500 |
|
The
Next |
CY£
40,000 |
5 % |
CY£
2,000 |
|
|
|
|
Total:
CY£ 3,500 |
Should the
purchase be made in joint names (i.e. husband and wife, and
provided that the total purchase price is more than 50,000 CyP)
the calculation for the total transfer fee is as follows:
For
Example, if the purchase price 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 |
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Stamp Duty
Due at the time of signing the contract, stamp duty is levied at
the rate of C£1.50 per C£1,000 up to the value of CY£
100,000, and above that the rate is C£2.00 per C£1,000.
For Example, if the value (or purchase price) is CY£
150,000:
|
|
Value |
Stamp Duty
(% per
CY£1000) |
Stamp
Duty Cost |
|
The
First |
CY£
100,000 |
1.5% |
CY£
150 |
|
The
Next |
CY£
50,000 |
2.0% |
CY£
100 |
|
|
|
|
Total:
CY£ 250 |
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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 Cyprus Pounds) |
Annual Property Tax (rate per thousand) |
|
Up to
100,000 |
exempt |
|
100,001 to 250,000 |
2.0 |
|
250,001 to 500,000 |
3.0 |
|
Over
500,000 |
3.5 |
IMPORTANT: 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 immovable property tax for the majority of
properties in Cyprus.
Local Authority Taxes and rates
Estimate roughly something between CY£ 50-150 per year
depending on the size of your property. This tax is for garbage
collection, street lighting, sewerage, etc...
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Acquiring the Title Deed
Transfer of ownership from vendor to purchaser is undertaken by
a simple procedure through the Cyprus Land Registry Office,
either by the buyer in person or by appointing a third party
(i.e. a Licensed Estate Agent ) with a Power of Attorney.
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 buys a piece of land or a house, the seller as a rule
must have a title-deed in his own name which can be transferred
to the purchaser. However, if one buys a flat, especially one
still under construction, there is no title-deed in existence
for the flat and sometimes the seller does not have a title-deed
even for the land on which the building is being built because
it may still be in the name of the original owner from whom the
developer has purchased the property and to whom he stills owes
money. These are matters which the purchaser's lawyer must
consider and embody in the contract, as well as take such other
steps as may be necessary so as to safeguard the interests of
the purchaser.
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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 CYP5 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 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 favorably the applicant will be seen
• Passport
• 3 photos
• CY£ 20,00
• Copy of Rental Agreement or Sales Contract
|
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Legal Safeguards for Foreign Investors
Contrary to the risks inherent in the purchase of property in
some countries, Cyprus has never been involved in the
nationalization of any sector of the economy, nor in the
expropriation of property owned by foreigners. Indeed the
Republic has often guaranteed foreign investments jointly and
severally with local participants - consistent with its efforts
to create a favorable climate for such investments.
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: a) what he paid to buy the property, b) plus
any other (proved) costs involved with additions or extensions
of the property, c) plus the transfer fees, d) plus the
inflation, e) plus CY£ 50,000 (fifty thousand pounds) per person
per year.
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.
Similarly foreign retirees living in Cyprus are taxed at only
1/10th of the local rate, foreign retirees pay income tax at the
rate of 5% per annum on all imported pensions, with an annual
exemption of the first Cyprus Pounds 2,000.
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Estimated Savings
|
Assume United Kingdom pension of UK£ 20.000 per annum
United Kingdom withholding taxes would therefore be
£5.000
The above pension remitted to Cyprus income tax in Cyprus
would be only £875
|
|
Gross saving in
respect of United Kingdom income tax £4,125 |
Tax Benefits
The United Kingdom also maintains a reciprocal agreement with
Cyprus in respect of National Insurance pensions benefits which
in the hands of foreign retirees living in Cyprus remain index
linked.
Cyprus levies taxation only on a remittance basis, that is, it
taxes only assets that are brought into Cyprus, rather than the
more punitive system of taxation on world-arising income that is
practiced in may other countries including the U.K. and U.S.A.
as well as Spain and Portugal. Residents of Cyprus can thus
legally hold assets tax free in banks in tax havens such as the
Isle of Man and Jersey, and suffer no taxation on bank interest
or dividend income remaining outside Cyprus. No capital gains
tax is charged on the remittance of capital assets to Cyprus
such as money needed for the purchase of property and other
similar capital assets such as motor vehicles.
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.
Duty Free
Privileges
A duty free car is one example of the privileges available
to persons retiring to this lovely Island. A medium size saloon
car will cost just over half the U.K. price.
Personal effects, household goods and furniture can be imported
free of any taxes by immigrant retirees provided they are for
personal use and have been used for a while.
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SIMPLE GUIDE TO PURCHASING PROPERTY IN CYPRUS
Our Company will
guide you through purchasing a property in Cyprus both legally
and effectively.
1.
You will sign a Contract with the company that owns the property
you have chosen.
2. The Contract then needs to be stamped. This costs £1.50 per
£1000 of the Contract value. When the Contract has been
stamped, it will be deposited at the Land Registry within one
month. This process secures the Purchasers rights.
3. As a foreign investor you have to provide proof of
importation of foreign currency for the purchase to the (Cyprus)
Central Bank. (Providing this will enable the future
exportation of the funds) This proof may be obtained in two
ways. Firstly, if importing cash, this should be declared at
the airport or secondly, the funds may be transmitted through
normal banking channels into the Company's account.
4. Once the monies have been imported, approval will be obtained
from the Central Bank. This approval will also be required by
the Land Registry prior to the Title Deed of the chosen property
being registered in your name.
5. If the property is sold in the future, imported funds can
then be exported in total plus any profit to the value of
£10,000 per annum.
6. An application will need to be made to the Council of
Ministers for permission to own property in Cyprus. Transfer of
ownership (Title Deed) cannot take place until this is
received. This application will require details of the property
and the personal and financial status of each applicant. This
permit usually takes approximately six (6) months to complete so
it is advisable that the application is made in good time.
7. When the permit is received from the Council of Ministers and
assuming the Title Deeds are issued (in the case of new
property) then the transfer can take place. Transfer fee rates
are quoted on this Web page under TAXES/FEES (above)
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CHECK LIST
REQUIREMENTS AND STEPS TO BE TAKEN BY AN ALIEN ACQUIRING
IMMOVABLE PROPERTY IN THE REPUBLIC OF CYPRUS
-
Obtain
reliable and expert local advice.
-
Before
entering into a contract carry out a search at the District
Lands Office to check whether there is already a title-deed in
the name of the seller in respect of the property to be
purchased or, if not, whether the issue of such a title-deed
is legally feasible, as well as, in either case, whether the
property is encumbered in any way or not.
-
If the
property to be purchased is a piece of land, check
a) whether it has a road access (without it, building
is not possible)
b) if the land is included in any zone or area where
building is restricted and , if so, to what extent it is
restricted:
c) whether it is subject to any street widening scheme;
d) whether the supply of water and electricity is
possible and at what expense.
-
If the
property to be purchased is a house or a flat, check whether
there is a building permit and, if completed, whether a
certificate of approval for the building has been obtained
from the appropriate authority.
-
In any
case, check the possibilities and eventual availability of a
telephone connection.
-
Do not
enter into a contract before being assured by the lawyer that
the case is one in which the relevant permissions from the
authorities would, as a rule, be granted.
-
When
entering into a contract, check that there are ample and
proper provisions ensuring
a) the eventual transfer of the property and the issue
of a title-deed free from any encumbrances;
b) that the contract is subject to obtaining the
relevant permissions from the authorities (this is presumed in
law but it is advisable to refer specifically to it, inserting
provisions for the return of money paid if permission is not
obtained);
c) that possession is delivered to the purchaser upon
execution of the contract if the building is completed and, if
not completed, upon completion;
d) that in the case of a flat, there are general
conditions attached to the contract applicable to and binding
on all other purchasers and users of flats or shops in the
building, regulating their respective rights and obligations.
-
Ensure
that the contract is signed by the seller in the presence of
two witnesses, themselves competent to contract, who have
signed as attesting witnesses.
-
If the
seller is a company, ensure that all corporate actions have
been properly taken for the valid execution of the contract.
-
If the
seller is a person under legal disability or if a person signs
in a representative capacity on behalf of the seller, check
the proper authority and legal ability of the person signing
on behalf of the seller.
-
As soon
as practicable after the execution of the contract ensure
that:
a) an application is made in the proper form for
obtaining the permission of the Council of Ministers;
b) an application is made to the Central Bank of Cyprus
for an exchange control permit, unless the purchaser, though
an alien, is a resident for exchange control purposes and the
seller is also a resident;
c) a copy of the contract is deposited with the
District Lands Office within two months of its execution, thus
ensuring that the contract becomes a charge on the property
and that it may be specifically performed.
-
As soon
as practicable after the permission under 11(a) and (b) above
has been obtained, ensure the earliest possible transfer of
the title-deed though the District Lands Office, and if a
separate title-deed has not yet been issued ensure with the
seller that this is done as quickly as possible. In the case
of any breach in the contract ensure that legal action is
brought within six months from the date of the breach after
written notice.
All the above matters should, of course, be looked after by the
lawyer of the purchaser, but their enumeration and their
following up by the purchaser himself is advisable and useful.
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GENERAL
INFORMATION REGARDING ENTRY & STAY of ALIENS in CYPRUS
Visitor
Aliens may
enter Cyprus for a maximum period of 3 months provided they
possess valid national passports, return tickets to their
country of domicile and they are in possession of sufficient
funds for their maintenance during their stay in Cyprus.
The date of expiry of a visitor's permit in Cyprus is normally
stamped on the visitor's passport and visitors wishing to extend
their stay in Cyprus are advised to apply through the Aliens
Office of the District in which they reside. This should be
done at least two weeks before the expiration of their permit
and the application should be submitted on the prescribed form.
Employment in Cyprus
Applications for employment should be submitted not by the
person(s) concerned but by their prospective employers in Cyprus
to the Migration Department, Nicosia. Applications should be
submitted by the employers in Cyprus on the appropriate forms.
The latter are available from the Aliens Office of the District
of residence of the employer who should submit them together
with a covering letter and a copy of the offer of employment.
Entertainment of an application largely rests on its
contribution to the general economy of the island and its
non-competition with the local people. Each application is
treated on its own merits and no general rules for its approval
may be given in advance. Applications usually take 2 to 4 weeks
plus to be considered and the result in communicated to the
employer in Cyprus. Persons wishing to travel to Cyprus solely
for the purpose of employment are advised to ensure that an
employment permit has been secured beforehand.
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Permanent residence in Cyprus
Permanent
residence refers to residence of many years and possibly for
good. Certificates of permanent residence granted to aliens are
valid for an indefinite period and their holders are exempted
from the necessity of obtaining visas when entering Cyprus. The
alien in question must take up residence in Cyprus within one
year from the date of issue of the Immigration Permit.
Immigration Permits are classified under 5 categories
Applications should be accompanied by all relevant
documents regarding applicant's financial standing.
Applications are made on the appropriate form(s) and submitted
to the Migration Department, Ministry of the Interior, Nicosia,
Cyprus, for consideration.
Applications under Category F are usually made by persons who
wish to retire to the Island
Applicants under this category should be of independent
means of support and documentary proof of their income (from
Banks, Pension Funds etc) should be submitted together with
their applications.
Category
'A'
Farming
Category 'B' Mining
Category 'C' Trade and Business
Category 'D' Self-employment
Category 'E' Cyprus employer work
Category 'F'
Applicants of Independent Means:
This category is for persons who have a
secured annual income, high enough to give
them a decent living in Cyprus without
having to engage in any business, trade or
profession. Most applicants come under
this category, the majority being pensioners
or retired persons. The annual income
required depends on family size, as shown
below, but the Immigration Control Board
may demand additional amounts.
APPLICANT
ANNUAL INCOME
Single
Applicant
£3,800 CYP
Applicant and 1
Dependant £5,675 CYP
Applicant and 2
Dependants £7,550 CYP
Applicant and 3
Dependants £9,425 CYP
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APPLICATION
FOR IMMIGRATION PERMIT
UNDER
ANY OF THE CATEGORIES A to F (SPRING 2002)
I hereby
apply for a certificate under Category .............
A, B, C, D, E or F ............. Particulars are as
follows:-
1.
Full names of applicant
2. Address
3. Sex
4. Profession / Occupation
5. Married / Single
6. Place and date of birth
7. Religion
8. Nationality (at birth)
9. Present nationality or national status
10. Maiden name (if applicant a married woman)
11. Change of name by deed poll or otherwise
12. Particulars of passport held: Passport No.
............................................ issued
at......................................... on
....................................................................
valid until
..........................................................and
bearing visa for Cyprus No. ........................ or
endorsement granted by ........................... on
..................................
13. Particulars of persons dependent on and accompanying the
applicant:
|
Name (including maiden names of married, widowed or
divorced women) |
Age |
Sex |
Nationality |
Condition (single, married, widowed or divorced) |
Relationship |
|
14.
Particulars of persons dependent on and not accompanying
the applicant:
|
Name
(including maiden names of married, widowed or divorced
women) |
Age |
Sex |
Nationality |
Condition (single, married, widowed or divorced) |
Relationship |
15.
Particulars of previous residence in Cyprus (if any) by
applicant giving places of such residence and dates in full
16. Category A (Agriculture or Animal Husbandry)
Business proposed to be undertaken in Cyprus
17. Interest in land in the Island acquired / for the
acquisition of which permission has been obtained.
18. Capital sum held in applicant's own right and at his full
and free disposition and where situated.
(Documentary proof to be attached)
19.
Category B (Mining)
Type of mining in which applicant intends to engage in
Cyprus
20. Particulars as to prospecting right or license in possession
of / obtainable by the applicant.
21. Capital sum held in applicant's own right and at his full
and free disposition and where situated.
(Documentary proof to be attached)
22.
Category C (Trade or Business)
Trade or business which applicant intends to carry on
in Cyprus.
23. Particulars as to license (if license is necessary for
carrying on the trade or business) in possession of /
obtainable by the applicant.
24. Capital sum held in applicant's own right and at his full
and free disposition and where situated.
(Documentary proof to be attached)
25.
Category D (Academic Professions)
Qualifications of applicant
26. Capital or assured income of which applicant is in
possession and where situated.
(Documentary proof to be attached)
27.
Category E (Employment)
Nature of employment (not being temporary employment)
which the applicant has accepted in Cyprus.
(Documentary proof to be attached)
28. Particulars of qualifications.
29. Name and address of employer.
30.
CATEGORY F (Applicants of Independent Means)
Particulars of income and source from which derived.
(Documentary proof to be attached)
Date and
signature
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|
Legal Notes on Real Estate
& Property in Cyprus

TABLE OF
CONTENTS
(For more
details please click on your subject of interest)
1.0
INTRODUCTION
1.1 General
1.2 Cyprus
2.0
CYPRUS IN INTERNATIONAL LAND
MARKET
2.1 Foreign Investments in immovable
property
2.2 Price
of land
2.3 Legal
assistance
3.0 LEGISLATION RELATED TO IMMOVABLE
PROPERTY
3.1 General Legislation
3.2 Specific Legislation
3,3 Double
Tax Treaties
4.0 BRIEF
REFERENCE TO SOME ASPECTS OF LEGISLATION CONCERNING
FOREIGN INVESTMENTS
4.1 The
Constitution of Cyprus
4.2 The
Contract Law and the Civil Procedure
Law
4.3 The
Stamp Law
4.4 The
Wills and Succession Law, The Administration of Estates
Law, the Probates (Re-Sealing) Law and the Estate Duty
Law
4.5 The
Trustees Law
4.6 The
Exchange Control Restriction Law and the Central Bank of
Cyprus Law.
4.7 The
Immovable Property (Tenure, Registration and Valuation)
Law
4.8 The
Sale of Land (Specific Performance)
Law
4.9 The
Acquisition of Immovable Property (Aliens)
Law
4.10 The
Immovable Property Tax Law and the Immovable Property
(Towns) Tax Law
4.11 The
Capital Gains Tax Law
4.12 The
Rent Control Law
5.0
CONCLUSION
ANNEX
1
FEES FOR LEGAL SERVICES RENDERED BY THE
REAL ESTATE & PROPERTY DEPARTMENT
1.0
INTRODUCTION
1.1
General
Nowadays the world
population is growing rapidly and so is the demand for
land. The need for land is not limited to the
residential sector; it occurs in the agricultural,
industrial, commercial and tourist sectors as well. Land
is a finite material and therefore its value worldwide
is constantly increasing.
This increase in
value is aggravated by inflation and by the instability
of the monetary systems and fiscal policies of the
countries that lead the race in the financial field,
thus making investment in the safer sector of immovable
property more attractive. The great technological
progress in communication, transportation and
international trading has made investment in this field
easier and more accessible than in the
past.
Man's affinity with the land
stems from time immemorial and it is easy to understand
why land has always been considered as one of the most
precious commodities, closely connected with social and
economic stability and progress, and why the various
legal systems have always tried to regulate in detail
the rights of possession, occupation and ownership of
immovable property.
1.2 Cyprus
Cyprus is no
exception to the rule. The economic and social evolution
that has taken place in recent years and the
sophisticated methods of cultivation and
industrialization, together with the absence of
alternative forms of investment, have diverted capital
both from home and abroad to land ownership and land
transactions.
This trend has
necessitated the establishment of a suitable legal
framework whilst allowing the involvement of Cyprus in
the international land market, protects the social,
economic, agricultural and industrial interests of the
island and its people.
Cyprus has achieved
this task. Despite its troubled history, it has managed
to develop a constructive legal system for immovable
property that is as efficient as similar systems in
other advanced countries. It is operated through a
series of laws which are regularly amended to meet
everyday demands and balance conflicting interests in
this vital sector of the economy.
2.0
CYPRUS IN THE INTERNATIONAL LAND MARKET
2.1
Foreign investments in immovable
property
The location of
Cyprus in the eastern Mediterranean at the crossroads of
Europe, Asia and Africa, the safe and protective legal
system, the perfect infrastructure, coupled with regular
communication with all parts of the world, the
relatively low cost of living, its excellent climate and
the friendliness and hospitality of its people, are just
some of the reasons that have made Cyprus attractive to
foreign investors for over 20 years now.
Foreigners who seek
to invest in immovable property in Cyprus may be
classified in the following four main
categories:
(a) Retired
residents
These are people
who settle permanently in Cyprus upon retirement. A
series of incentives is given by the Cyprus Government
to retired people, including duty-free facilities and
very low taxation of their income which emanates from
abroad. These people may also enjoy, under certain
circumstances, the benefits of the Double Taxation
Treaty of their country of origin with Cyprus, if there
is one. Cyprus has signed 26 such treaties, regulating
in effect tax relations with over 40
countries.
(b) Employed
residents
This category
includes foreigners who live indefinitely or for a fixed
period of time in Cyprus as employees, either of their
own offshore company or of a local or offshore firm, and
who choose to purchase their own property in Cyprus
rather than live in rented premises.
In this category
are also included offshore companies purchasing houses
for their Directors.
(c) Holiday
Makers - Speculators
These people
purchase properties in Cyprus as holiday homes or for
possible permanent places of abode upon retirement, or
for the sale thereof with a reasonable profit at a later
stage.
Profits realized by
foreigners from the sale of immovable property may be
expatriated under certain restrictions.
(d) Business
investors
These are foreign
individuals and companies who acquire property in Cyprus
for touristic or industrial purposes, making use of the
location and climate of Cyprus, the excellent
infrastructure and the various incentives offered for
these purposes, especially in the area of taxation. To
this end, the Free Trade Zone structure of Cyprus offers
great inducements ranging from the provision of all
modern facilities to low tax or tax incentive
status.
2.2
Prices
The relatively
small area of Cyprus and the great demand for immovable
property, especially in recent years, have led to a
considerable increase in the cost of land and
accommodation in Cyprus. However, despite the increase,
the prices of land and accommodation in Cyprus, as well
as the cost of living, are still comparatively lower
than those of most European countries or holiday
resorts.
2.3
Legal assistance
The complexity of
the legislation on immovable property and the
formalities which need to be considered when dealing in
relevant matters render it necessary, especially when
foreigners wish to invest in immovable property in
Cyprus, to seek and obtain from the start reliable and
efficient legal advice in order to avoid unpleasant
results and future undesirable
consequences.
3.0
LEGISLATION RELATED
TO IMMOVABLE PROPERTY
Many laws in Cyprus
regulate matters affecting immovable property and
transactions related thereto either directly or
indirectly. Such legislation may be divided into two
categories, namely General Legislation and Specific
Legislation.
3.1 General
Legislation comprises
those laws which, although not regulating matters of
immovable property directly, do contain provisions
applicable to rights in immovable property and to
transactions related thereto. The main laws in this
category are as follows:
(a) The Constitution of Cyprus
(b) The Contract Law, Cap. 149
(c) The Civil Procedure Law, Cap. 6 and
Rules
(d) The Stamp Law, Cap. 228
(e) The Wills and Succession Law, Cap.
195
(f) The Administration of Estates Law,
Cap. 189
(g) The Probates (Re-Sealing) Law, Cap.
192
(h) The Estate Duty Law, Cap.
319
(I) The Trustees Law, Cap. 193
(j) The Exchange Control Restriction Law,
Cap. 199
(k) The Central Bank of Cyprus Law, No.
48/63
3.2 Specific
Legislation includes
all the laws and regulations referring particularly to
immovable property and are as follows:
(a) The Immovable Property (Tenure,
Registration and Valuation) Law, Cap. 224
(b) The Sale of Land (Specific
Performance) Law, Cap. 232
(c ) The Acquisition of Immovable Property
(Aliens) Law, Cap. 109
(d) The Immovable Property Transfer and
Mortgage Law, No. 9/65
(e) The Immovable Property Tax Law, Cap.
322
(f) The Immovable Property (Towns) Tax
Law, No. 89/62
(g) The Capital Gains Tax Law, No.
52/80
(h) The Rent Control Law, No.
23/83
3.3
Double Tax Treaties
Cyprus has entered
into 26 Double Tax Treaties, certain provisions of which
affect directly or indirectly the possession, ownership
and disposition of immovable property especially in
matters of taxation.
4.0 BRIEF REFERENCE TO SOME ASPECTS OF
LEGISLATION CONCERNING FOREIGN INVESTMENTS
A brief analysis
and reference is attempted herein below on some aspects
of the above legislation of Cyprus, in relation to the
protection of ownership and the rights pertaining to
immovable property, the regulation of relevant
transactions and the developed policy in similar matters
especially where foreign investments are
concerned.
4.1 The Constitution of
Cyprus
The Constitution of
Cyprus establishes the equality of all persons
irrespective of their nationality and includes
provisions for the protection of human rights of all
persons without discrimination. Any violation by an
administrative authority of a person 's fundamental
rights entitles such person to request this authority to
remedy the situation. The administrative authority in
this case has a period of 30 days during which it must
give a prompt answer to the petitioner.
Furthermore, such
person has free access to any competent Court in Cyprus,
as well as the European Court and Commission on Human
Rights.
The right of
ownership of immovable property is considered as one of
the fundamental human rights under the Constitution of
Cyprus and as such it is clearly and absolutely
protected. According to section 23 of the Constitution,
compulsory acquisition or imposition of restrictions on
immovable property by the Government is regulated by the
Compulsory Acquisition Law, No. 15/62, whereby the
Government may acquire, in the matter of public interest
and by giving just cause, property with payment of
immediate compensation to the owner at the present
market value. This law also provides that properties
acquired as above should be returned to their owners if
the purpose for which they were acquired does not
materialise within three years from the date of
acquisition.
Therefore
foreigners who own property in Cyprus can also enjoy all
those rights pertaining to property which are available
to the citizens of Cyprus and can be assured that their
property is absolutely protected.
4.2 The Contract Law and the Civil
Procedure Law
These laws are to a
large extent modelled on their English counterparts and
they regulate all kinds of transactions, including those
relating to immovable property and the court procedures
in resolving disputes arising there from.
It is advisable
that contracts referring to immovable property be made
in writing, duly stamped and properly signed and
witnessed.
All disputes
arising from transactions concerning immovable property
are governed by the laws of Cyprus and are subject to
the jurisdiction of the courts of Cyprus. The parties,
however, may in some circumstances agree concurrent
jurisdiction of other courts or refer any dispute to
arbitration before resorting to court
proceedings.
4.3 The
Stamp Law
The Stamp Law
defines the revenue stamps payable on contracts in
accordance with the purchase price as
follows:
(a) For a purchase
price up to CY ,100.000, the revenue stamp is
CY,1.50 per thousand.
(b) For a purchase price
exceeding CY,100.000, the revenue stamp is CY,2.00 on
every thousand over CY,100.000.
Thus, the revenue stamp on a
contract for CY,150.000 will be CY,250 i.e. CY,150 for
the first CY,100.000 (0.15%) and CY,100 for the
remaining CY,50.000 (0.20%).
The absence of the
revenue stamp does not render a contract null or void
but it cannot be used in Court proceedings or for the
transfer of ownership of property in the Land Registry.
Unstamped contracts may be used as above if properly
stamped at the time of such use, in which case a fine is
also imposed according to the value and the time of
execution of the relevant contract.
4.4
The Wills and Succession Law, the Administration of
Estates Law, the Probates (Re-Sealing) Law and the
Estate Duty Law.
These laws are
modeled on their English counterparts and they deal with
the rights of persons as regards the disposition of
their properties after death and the relevant
procedures.
Cypriots cannot
dispose by will of the whole of their estate if they
have a spouse or children. The undisposable portion is
one half of the estate if the deceased leaves a
surviving spouse but no children and two thirds if he
leaves children. British subjects, however, are exempt
from this rule and they may dispose by will of the whole
of their estate. The law applicable in all respects is
the law of Cyprus.
As to wills made in
Cyprus by other foreigners, the law applicable with
regard to the formality of such wills is the law of
Cyprus, i.e. wills should be in writing and attested by
two competent witnesses and they should reflect clearly
the free and true wishes of a sane and competent
testator. With regard to the essence and legal
effectiveness of these wills the law applicable is, for
provisions referring to immovable property, the law of
the country or countries where such immovable property
is situated (lex rei citae) and for provisions referring
to movable property, the country where the deceased was
domiciled at the time of death (lex domicilii) which may
not necessarily be the country of residence.
Wills may be
deposited with the Probate Registrar of the District
Court who issues a receipt to this effect, or may be
entrusted for safe custody with lawyers.
It should be noted
that upon the subsequent marriage or divorce of the
testator his will should be renewed, as it will, in most
cases, be automatically revoked. Testators should also
seek legal advice if the executor or any beneficiary
changes his name or dies or becomes incompetent to act,
or if any property in the estate is subsequently sold or
changes its nature, otherwise his wishes may not take
effect.
It is advisable
that an executor or executors be appointed in the will
to carry out the wishes of the testator.
Foreigners may set
up a trust by will and bequeath the whole of their
estate to appointed trustees to hold the same in trust
for the benefit of certain beneficiaries and to manage
and dispose of it in accordance with the instructions of
the testator.
If a person dies
intestate or does not appoint an executor in his will,
the court will appoint an administrator of his estate.
If there are heirs under disability the court will
appoint at least two administrators.
The administrator
administers the estate according to the law, pays the
debts of the deceased, collects and distributes the
assets amongst the heirs and accounts to the Court. The
surviving spouse inherits in equal shares with the
children.
The Probates
(Re-Sealing) Law makes special provisions for persons
who die in the United Kingdom or in any British Dominion
or in any country of the British Commonwealth and who,
at the time of their death, also had property in Cyprus.
According to this law, the Gra | | |