Category Archives: Contract Law

British expats in Cyprus face losing their UK bank accounts post-Brexit!

British expats in Cyprus face losing their UK bank accounts post-Brexit!

UK Banking Institutions have recently announced the likely closure of bank accounts held by British Nationals currently living in Cyprus, and all other EU nations, at the end of the ‘Transition Period’ on the 31st of December 2020.

Once the Transition Period ends, on the 1st January 2021, the United Kingdom will officially depart from the European Economic Area (EEA).

With no trade agreement yet reached between the EU and UK to set new revised banking rules, this will likely result in the subsequent closure of bank accounts of British expats.

According to EEA policy as it stands, the UK banking institutions will not be allowed to accommodate the banking needs of British Nationals living permanently in the EU. UK banking institutions will need to apply for new banking licenses, if they wish to resume providing banking services for British clients living in the EU. As an EU member, the UK institutions would have been able to provide banking services in other EU nations through the EU passporting rules. However, this will all change once the UK has officially exited the EU at the end of the Transition Period.

On the contrary, this may all change if a trade agreement is reached to permit the UK banking institutions to conduct such banking activities within the EU.

Lloyds, Barclays and Coutts have already informed their clients living in parts of the EU about the closure, whilst Natwest and Santander are still considering how to handle the current situation.

What we do

Panayiotis Z. Toulouras can assist UK Citizens, living in Cyprus and the rest of the EU, in finding the right bank institution suiting their banking needs and assist them in opening bank accounts in Cyprus and the rest of the EU.

Contact us today for all information

Address: Faneromeni 106, Office 201, 6031, Larnaca, Cyprus

Telephone: +357 24 623 800   Fax: +357 24 332 991

Email: info@toulouraslaw.com

Website: www.toulouraslaw.com

 

All Eyes on Larnaca! Why Real Estate is booming.

Larnaca has quickly become the island’s most attractive destination for real estate investors. Our team of real estate experts lets you know all you need to know about buying immovable property in Cyprus.

MARINA AND PORT PROJECT

The long-awaited €1.2 billion redevelopment of the Larnaca port and marina, will rejuvenate the city of Larnaca and will be the largest infrastructure project since the construction of the new Larnaca International Airport.

The project will play a formidable role in promoting Larnaca as one of the Mediterranean’s most up and coming tourist destinations.

The project envisages the expansion of the current marina to 650 berths, the infrastructure to accommodate large vessels, the expansion of the current pier, docks and the development of a sizeable passenger terminal for tourist cruise liners. In addition, the plans include the construction of a yacht club and retail park, along with a number of luxury hotels, a private island and residential property.

The spin-off from the project will result in Larnaca growing its footprint as a business hub in Cyprus, with the increase of office space and with international companies choosing to relocate to Larnaca to take advantage of the island’s favourable tax regime. Furthermore, the city’s overall tourist product will undertake a great revitalization through an influx of foreign and local investment.

BUYING IN CYPRUS

When buying real estate in Cyprus, an investor will need to consider various factors before and after purchasing the property.

Despite Real Estate Agencies and Property Developers advising Buyers not to seek the consultation of lawyers, it is highly recommended to seek professional legal advice when purchasing real estate in Cyprus as the repercussions of a one-sided agreement favouring the Seller can result in unrecoverable losses for the Buyer.

Our specialized ream of lawyers are legally obliged as professionals to undertake the appropriate due diligence on the prospective property and all the appropriate checks to ensure the property is ‘clean’ with no possible dangers, in order for you to enjoy the full and unequivocal rights of your future property.

Our specialized team of lawyers shall:

  • verify the Seller’s ownership of the property.
  • carry out an official search at the Land Registry to confirm if there are any encumbrances or charges registered over the property.
  • ensure the availability of all necessary permits, where required.
  • verify the financial standing and viability of the Seller.
  • provide an evaluation of the Seller’s reputation in the Cyprus real estate market.
  • assist in appointing qualified engineers or surveyors to carry out structural or other surveys, where required.
  • draft and execute the contract of sale between both parties with the contract’s provisions negotiated in a fair and balanced way with all formalities complying to all law and regulations applicable in Cyprus.
  • handle all matters related with the Cyprus Tax Authorities, where required.
  • execute an application for permission made to District Office in accordance to the Acquisition of Immovable Property (Aliens) Law Cap. 109 for purchase by non-EU nationals. Note: It takes about 15-30 days for the permission to be issued.
  • submit and register the contract of sale with the Land Registry Office preventing the Seller from transferring the property elsewhere or registering an encumbrance before finalizing the transfer. Note: This is valid as long as the contract is valid and legally effective.
  • assist in handling the payment of stamp duty and transfer fees related to the property.
  • authorised representative of the Buyer through Power of Attorney, from start to finish until the Property is transferred to the Buyer.

Title Deed

A title deed is a formal document issued by the Land Registry Office which legally confirms the ownership of a property.  Once transfer is made at the Land Registry, the title deed will be registered on the Buyer’s name.

When no title deeds are issued yet, this means, most likely immovable property purchased is off-plan or still under development.

There are situations where Buyers purchase a property without a title deed, however, appropriate due diligence must be undertaken to assess the reasons why the title deed has not been issued.

Stamp Duty

Sale Agreements must be fully stamped by governmental authorities within 30 days of its signing.

Rates are as follows:

€0 – €5,000: 0%

€5,001 – €170,860: 0.15%

€170,861 – €8,543,000: 0.20%

Over €8.543.000: €17.086

Transfer fees

Transfer fees are payable to the Land Registry Office and are calculated on the market value of the property on the date of the transfer.  Once the transfer fees are paid, the transfer to the Buyer is finalised.

It’s good to point out that a sole Buyer will pay more transfer fees, so it is custom for Buyers to add family members to the title deed.

Note:

  • A minor named on a title deed requires a Court Order to sell it before reaching 18 years old.
  • No Transfer fees are payable, if the property is subject to VAT (19%)
  • Transfer fees are reduced by 50% if the property was not subject to VAT.
  • 0% Transfer fees are payable if property is transferred from company to company

Transfer fee rates:

Up to €85 000 of the property value - 3%

From €85 001 to €170 000 of the property value - 5%

From €170 001 of the property value - 8%.

Examples

One Buyer buys a house for €400 000:

Transfer fees will be:

€85 000 x 3% + €85 000 x 5% + €230 000 x 8% = €25 200*

Transfer fees for Buyer: €12 600* (where 50% reduction applies)

Three Buyers buy a house for €400 000:

Transfer fees will be:

€85 000 x 3% x 3 persons + €145.000 x 5% = €14,900*

Transfer fees for Buyer: €7,450* (where 50% reduction applies)

OTHER FEES TO CONSIDER

VAT Payable on Property

A VAT rate of 19% is required to be paid when buying a new property.

A reduced VAT rate starting from 5%, is applicable for the acquisition of new residential properties when certain terms and conditions are met:

  1. The property must be used as the primary and permanent residence of the applicant for the next 10 years.
  2. The applicant has not acquired any other residence in Cyprus with a reduced VAT rate.
  3. The applicant must be an individual, over 18 years old, thus legal entities are excluded.

Note: The reduced VAT rate of 5% is applied on the first 200 square meters of the property as per the architectural plans submitted to the Authorities. On the remaining square meters, the standard rate of 19% is imposed.

Municipality Tax

The registered owner of the property is required to pay an annual Municipality Tax, calculated on the market value of the property as at 1st of January 2018. The rates vary from 1% –  2% Municipality tax is payable to the local municipal authority, where the property is located.

Other Fees (Local Authorities)

Depending on the size of the property, local authorities charge between €85 – €500 yearly for garbage collection, sewerage and other community services.

OUR FIRM

Panayiotis Z. Toulouras LLC provides clients legal advice on commercial and residential property.

Our areas of work include:

  • Negotiation and drafting of contracts
  • Sales and Purchase of property
  • Authorised Representation
  • Constructions
  • Market Evaluation
  • Long term and short-term leases
  • Property management for non-residents.
  • Licensing and Permits
  • Due diligence reports
  • Real estate transaction and tax issues

Why Hong Kong firms and HNWI are considering Cyprus as their new base?

Cyprus , located between three continents – Africa, Europe, Asia – is a proud member of the Eurozone and home to around 1 million people. Since 2014, Cyprus has been experiencing a strong and rapid growth and is fast becoming an appealing destination.

With the recent turmoil in Hong Kong, many firms and HNWI are seeking refuge to a jurisdiction that provides safety, convenience and potential for growth.

With foreign investors increasingly choosing Cyprus – the economic climate, real estate prospects, investment funds, shipping, construction, tourism, filming and energy sectors – are sectors which have experienced consistent growth. The competitive, modern and transparent legal, financial and regulatory framework that Cyprus possesses allows the island to be a credible and highly reputable financial center for Hong Kong firms and HWNI to set up base.

As an ex-British colony, Cyprus shares similarities with Hong Kong, as both jurisdictions have retained the common law legal system which is based on the British legal system.


Why Choose Cyprus?

Enjoy the right quality of life

When considering where to redomicile or set up your business, it is always vital to consider the quality of life you aim to have for you, your family and your employees. Choosing Cyprus ensures you and your team work in a Mediterranean island that provides you with a very high standard of living that includes:

  • One of the EU’s best all-year climates and one of the best worldwide,
  • Over 65 Blue Flag status beaches for all tastes (highest % per capita) sports, entertainment etc,
  • High level public & private healthcare services,
  • Short distances – can travel from one side of the island to another in 2 ½ hours
  • Considered one of the world’s safest countries with one of the lowest crime rates in E.U.,
  • Reasonable cost of living with great choice fresh products always available – both local and international
  • Real Estate available to cater to all needs – city centre, skyscraper, beach, countryside etc
  • High Level of Education – many private schools and private institutions offering a high level of education in English

Accessing Talent

E.U.
  • Benefit from the local impressive skilled workforce Cyprus has to offer, direct access to a great pool of talent from other EU countries
  • Benefit from programmes allowing international professionals to easily relocate
  • Work visas for non-EU nationals are available to enable companies to hire from non- EU countries whenever the required skill-set is not available locally
Cyprus
  • Almost half of workforce have a tertiary degree – one of highest in the EU,
  • Rapid growing education system – one of the highest enrolments in domestic universities with many UK universities partnering up with Cyprus universities,
  • High number of Cypriots educated abroad – more Cypriots earn degrees from foreign universities than any other EU country

Setting up with lower costs

  • Launching and running your business in Cyprus reduces your overall set-up costs compared to other EU countries resulting in more budget being allocated for growth and development of your business.
  • Lower labour costs than other E.U. countries
  • Lower office rentals costs than most E.U. countries
  • Low business support costs and high quality – services like I.T., accounting, legal etc.

Benefiting through tax incentives

Cyprus has one of the lowest tax burdens in Europe and a highly competitive set of tax incentives for businesses and individuals. It is great to note that people who decide to move their personal tax residency to Cyprus, will automatically be considered as non-domiciled in Cyprus for a maximum of 17 years.

  • different set of rules for ‘tax residents’ and ‘non-tax residents’
  • corporate tax is only 12,5 %, which is one of the lowest in the E.U.
  • very low tonnage tax for ship-owning and shipping companies,
  • 2,5 % on income from Intellectual Property
  • no corporate tax for ‘non tax resident’ companies
  • no Cyprus tax on disposal or trading of securities
  • no Cyprus tax on income from dividends on a company level, for a period of four years
  • no Cyprus withholding tax on dividends paid to shareholders outside of Cyprus
  • no Cyprus tax on dividend income for non-domiciled but tax-resident individuals
  • no Cyprus tax on interest income on account of non-residents with banks in Cyprus
  • no Cyprus tax for International Trusts
  • full tax group relief
  • offshore entities from other countries are allowed as shareholders
Non-Tax Residents
  • Non-tax resident Cyprus Companies are not liable for corporate tax in Cyprus, provided that each director/s do not reside in Cyprus, and the companies do not conduct any business with natural or legal persons residing in Cyprus, but,
  • Where a non-tax resident Cyprus Company conducts business in Cyprus, the profit from this business will be taxed in Cyprus.

Communicating, Commuting and Access

With English being a predominant language spoken between businesses, when setting up your business you can benefit from the island’s high percentage of English-speaking citizens. Cyprus is also centrally located between 3 continents (Asia, Europe, Africa) making it easy to commute back home or for business purposes:

  • 73% of Cypriots speak English – official language due to British Colonization
  • English widely accepted for business transactions, government services, contracts, banking and other day-to-day functions you’ll be undertaking
  • Daily flights in & out of Cyprus through Larnaca & Paphos international airports to multiple destinations making your global commuting easier
  • Full access to European Markets with free movement of goods, services, capital
  • Access to 40+ EU trade agreements with countries outside the E.U.
  • UK-Cyprus trade relations existed before the E.U. and will continue strongly after Brexit as Cyprus belongs to the Commonwealth and has sovereign British Bases on the island

Panayiotis Z. Toulouras LLC provides legal services to clients worldwide. Our law firm, with the assistance of our vast network of associates, provides strategic legal advice for:

  • the incorporation of a Cyprus company
  • setting up a branch in Cyprus
  • re-domiciliation of a Hong Kong company to Cyprus
  • opening of bank accounts
  • business visa applications and other visas
  • work permits
  • employment contracts
  • purchase/rental of property for commercial purposes
  • purchase/rental of property for residential purposes
  • applications for permanent & temporary residency
  • applications for naturalization
  • Cyprus international trust creation
  • I.P. registration