In order to ensure compliance with EU Directive 2015/2376/EU amending EU Directive 2011/16/EU on the compulsory automatic exchange of information in the field of taxation – in particular, in advance cross-border rulings – the Cyprus Tax Department has launched an initiative to gather information regarding cross-border decisions issued, modified or renewed between 2012 and 2016 (inclusive).
According to the Tax Department's instructions, the provision of information is not required for cross-border decisions that:
- were issued, amended or renewed between 2012 and 2013 and ceased to apply after December 31 2013;
- were adopted, modified or renewed before April 1 2016 (excluding those relating to persons principally engaged in financial or investment transactions) with regard to groups with a net turnover not exceeding €40 million for the preceding financial year;
- solely relate to one or more natural persons; or
- solely relate to legal entities that are resident in Cyprus and involve no other legal entities resident elsewhere.
Taxpayers with reportable cross-border decisions that were issued, modified or renewed between 2012 and 2016 (inclusive) must complete and sign the relevant reporting form (Form TD 219), including a request and decision summary, and submit it to the Tax Department's DAC 3 Central Directory. No form needs to be submitted for rulings requested in the final quarter of 2016 which have already been reported.
For further information on this topic please contact Elena Christodoulou at Elias Neocleous & Co LLC by telephone (+357 25 110 110) or email ([email protected]). The Elias Neocleous & Co LLC website can be accessed at www.neo.law.