STELIOS AMERICANOS & CO LLC

On 30 June 2022, the Cyprus Parliament enacted amendments to the Income Tax Law and the Assessment and Collection of Taxes Law in relation to transfer pricing regulations in accordance with recommendations of the Organisation for Economic Co-operation and Development on Transfer Pricing Guidelines.

Cyprus is a small EU member state country but the third largest Island in the Mediterranean Sea with a population almost one million. Whereas Greek is the official language, English is widely spoken and the language in which business is generally conducted.

On 26 July 2022, the new amended articles 8(21) and 8(23) of the Income Tax Law were published in the Gazette aiming to attract foreign investors and high-profile foreign employees.

The banking sector is showing an incremental appreciation of the use of cryptoassets and their correlation with banks’ traditional retail functions. The existing legal framework is maturing to the regulation of cryptoassets, allowing for the effective supervision of such digital assets.

A growing number and class of investors is shifting towards sustainable and ESG-compliant markets and products. Environmental and social considerations are assuming a growing importance, with the EU focusing its efforts to the greening of the economies of its Member States.

Staff relocating to Cyprus earning more than €55,000 will benefit from a 50% tax exemption on their salary

CySEC’s call for views The Cyprus Securities and Exchange Commission has launched a call for views on establishing a Regulatory Sandbox[1]. The Call and accompanying Press Release were circulated on 16th March 2022 on CySEC’s Website (the “Call”) and invites stakeholders across the financial services industry to provide their own feedback on establishing a Regulatory Sandbox for the promotion of innovation in the industry. The Call refers to and concerns regulated entities, Financial Technology (FinTech) [2], Regulatory Technology (RegTech) [3] companies, their professional associations from Cyprus or abroad and in general, any interested party with views as to the merits of establishing a Regulatory Sandbox, its scope and its testing process.

There is an ongoing race at the national and international, regulatory and private sector levels, to take advantage of the increasing demands for digitalization and acquire a first mover advantage in those sectors where digitalization is having the most impact. The heavily digitally-influenced reality that many countries and industries have had to rapidly adapt to, has provided an opportunity for Cyprus to distinguish itself as an innovation-friendly jurisdiction and set the groundwork for fostering new technologies and market trends connected to the digital space.

Cyprus companies corporate tax residency On 9 December 2021, the Cyprus Parliament approved the expansion of the definition of corporate tax residency for Cyprus companies to additionally include the incorporation test.

Stelios Americanos & Co LLC advised the Israeli group Global Knafaim in a $5 million transaction pursuant to which the later acquired a 49,9% in the share capital of TUS AIRWAYS LTD, a Cypriot airline headquartered in Larnaca. Existing shareholder, Kenneth Woolley also invested an additional $4 million increasing the amount of the total transaction to $9 million.

The Government presented the new strategy for attracting skilled workforce and companies in Cyprus on Friday 15 October 2021. This new strategy is mainly focused on high technology, shipping, innovation, and research and development. The new strategy includes a series of incentives concerning residency, taxation, employment and simplification and digitization of the current procedures. The scheme will come into force on the 1st of January 2022.

Our Partner Dr. Charis Savvides delivered and intense seminar at Global Training (Cyprus), on Tuesday, 07 September 2021, at 09:00am. The seminar presented the current and under development regulatory framework on digital assets, addressing the key legislations and regulations which affect or be affected by the disruptive nature of crypto-transactions. You can view the presentation on the firm’s website link attached bellow.

The film industry constitutes a complex and ever-flourishing sector in the global economy. The industry’s operation occupies multifaceted stages, engages a selection of distinct stakeholders and experts and presents plenty opportunities for all parties who choose to get involved. Committed to boosting this highly promising sector, the government of the Republic of Cyprus introduced a package of incentives, encouraging international producers to choose Cyprus as their next film destination.

Asset tokenization constitutes a relatively new process. Yet, it has been receiving increasing levels of attention across several jurisdictions, with positive indications as to its ability to revolutionize the way different assets are held, traded and used.

Following the 2007-2009 global financial crisis, the financial services sector has been subjected to a process of intense regulatory overhauling, leading to many of the complex laws that are applicable today in relation to funds, banks, investment and insurance firms. In the context of this legal and regulatory reshaping, new entrants have made their appearance, including Financial Technology (FinTech) and Regulatory Technology (RegTech) firms.

This note seeks to provide an overview of some of the key recent developments in the area of competition law with regards to the challenges brought about by the Covid-19 pandemic (“the pandemic”) and the disruption induced by digitalization and online marketplaces.

Chloe Americanos and Arianna Mouskou, of Stelios Americanos & Co LLC delivered a Webinar regarding Start-up companies, their formation, development, growth and the challenges that aspiring entrepreneurs are facing during their entrance to the start-up world.

Coinfirm, the industry-leading RegTech provider and Stelios Americanos & Co. LLC, a highly innovative Cypriot law firm, today announce their joint cooperation.

Stelios Americanos & Co LLC has joined Dentons New York in assisting Zubr Capital and the European Bank for Reconstruction and Development (EBRD) in a multimillion transaction in relation with their exit from the investment in Enterprise Agile Planning company Targetprocess, following its purchase by Apptio, a leading provider of technology business management solutions. 

Pursuant to the provisions of Regulation 6(2) of the Aliens and Immigration Regulations, the Minister of Interior has decided to revise the current permanent residency programme (the “Programme”) to include additional investment criteria other than investment in real estate with the purpose of attracting foreign investors and their families to invest in Cyprus.

Coinfirm, the industry-leading RegTech provider and Stelios Americanos & Co. LLC, a highly innovative Cypriot law firm, today announce their joint cooperation. - 23rd February, London, UK / Nicosia, Cyprus.

The Cyprus Investment Program seemed problematic from the beginning and even the amendments could not save and protect the abuse of the Program. The Cyprus Government decided to terminate the Program with final submission date the 30th of October 2020 after amending the Law regulating the Citizenship by Investment Program. The new policy of the Government let to many rejections of new applications and initiated many revocation procedure for investors who had already received the Cypriot passport.

Globally, it has been highlighted the importance and the need for extended transparency, in business and corporate entities, to combat money laundering, terrorist financing and more generally, the abuse of the financial systems by criminals.

It is our great pleasure to announce that our partner Dr Charis Savvides has been invited to join the Expert Panel of the European Blockchain Observatory and Forum.

Thanos Fiakas and Andreas Parpas, lawyers of Stelios Americanos & Co LLC delivered a webinar on the acquisition of real estate in Cyprus.

Force Majeure & the Doctrine of Frustration in Cyprus Law Introduction The recent outbreak of Covid-19, which the World Health Organisation classified as a pandemic, has brought to the fore significant issues for businesses. The disease has a profound impact on the performance of businesses and their underlying contractual relationships.

The Cypriot law firm Stelios Americanos & Co LLC organized on 17 February 2020 its first international conference for the year in Tel Aviv in Israel.

The scope for enhancing economic relations and business ties between Kazakhstan and Cyprus is immense, Cyprus’ Minister of Finance said in his opening address at the Conference "CIS – Kazakhstan – Cyprus – Business Cooperation Heralding the New Era", held Thursday in Limassol.

Our Family Grows Ch. P. Savvides & Associates LLC is a highly reputable, young and energetic law firm based in Nicosia actively involved in Financial & Investment Regulatory Compliance, Litigation & Insolvency, Corporate Law and a pioneer in providing legal advice for innovative technology business ideas and Blockchain.

Anti-Tax Avoidance Directive. The Cyprus Ministry of Finance has presented to the Parliament legislation in view of the implementation of the European Union Anti-Tax Avoidance Directive.

On the 15th of May 2019 the Cyprus Minister of Foreign Affairs Mr Nicos Christodoulides and the First Deputy Prime Minister and Minister of Finance of Kazakhstan Mr. Alikhan Smailov has signed the new Double Taxation and the Prevention of Fiscal Evasion treaty between the respective countries.

The Cyprus Investment Programme has been redesigned by the Cyprus Government in order to continue to attract high net worth individuals to settle and do business in Cyprus. The Key Changes will be applicable from the 15th of May 2019 and include the following:

Cyprus has introduced the General Healthcare System (GHS) that will cover its entire population. The GHS is a modern, patient-centric healthcare system with the aim of delivering equal and quality healthcare services to beneficiaries.

The Cyprus flag has had unprecedented success in the last few years, rising to a position of prominence in world shipping. Shipping is dominant in Cyprus due to the country’s excellent geographical position, the significant number of bilateral treaties for the avoidance of double taxation concluded by Cyprus and the favourable taxation regime which has been maintained even after the accession to the European Union. 

Stelios Americanos & Co LLC, participated in WORLD SHIPPING LAW FORUM in Athens that has taken place on the 25th January 2019. The conference took place at N.J.V. Athens Plaza.

BLOCKCHAIN AND DIGITAL CURRENCIES DECENTRALIZED NICOSIA CHAPTER CONFERENCE Stelios Americanos & Co LLC and Ch. P. Savvides & Associates LLC, being the consortium law firms of BL ADVISORY INTERNATIONAL, www.bla-international.com, participated at the Blockchain and Digital Currencies event, held at the University of Nicosia and organized by the Decentralized Nicosia Chapter on 23rd of January, 2019.

The British Virgin Islands are rushing to pass by the end of December the new economic substance legislation to avoid the EU’s blacklist of tax haven jurisdictions.

Stelios Americanos & Co LLC, participated at Intax Forum Ukraine 2018 which took place in Kiev, between 21 and 22 May 2018.

Cyprus Tax Department has announced that, as of June 1st 2018, the following taxes, not bearing interest and charges, can ONLY be paid via JCCsmart (website www.jccsmart.com.cy). JCCsmart is a Cyprus portal used to contact payments to various organizations including the Government. This measure follows the successful implementation of the Pay As You Earn (PAYE) tax withheld from employees through JCCsmart.

A. Pledge A pledge is by definition a possessory security interest and thus involves the delivery of possession, actual or constructive. A security interest is valid and enforceable once it has been attached to the asset and is perfected. A security interest that has been attached and perfected is enforceable as between the pledgor and pledgee. The effect of attachment is that the security interest fastens on the asset so as to give the creditor rights in rem.

THE MAIN PROVISIONS OF THE LEGISLATION WHICH IS UNDER DISCUSSION BEFORE THE HOUSE OF THE REPRESENTATIVES FOR THE LEGALISATION OF THE IMPORTATION AND/OR PRODUCTION AND/OR CULTIVATION OF PHARMACEUTICAL CANNABIS

The Central Bank of Cyprus has on 9/4/2016, activated the procedure for the payment of compensation amount from the Deposit Guarantee Fund for Banks for deposits held in FBME Bank Ltd – Cyprus branch.

1. Scope of the Stamp duty Law. 1.1.Stamp duty is governed by Stamp Duty Law (19/1963) (hereinafter the “Law”). The Law (article 4 (1)) provides that the documents that are specifically named in its first schedule (and only such documents) are subject to stamp duty provided these documents relate to: (i) assets situated within the Republic of Cyprus; or (ii) matters or things to be performed or done in Cyprus; irrespective of the place of execution of such documents.

Cyprus’ strong economic recovery will continue in 2018 with the GDP expected to be 3.2% (2017: 3.8%) which is well above the European Union average. Inflation forecast shows an increase in 2018 to 1.2% (2017: 0.7%) well within the healthy limits, with unemployment expected to be near the 10% mark in comparison with 13% of the year before.

Cyprus Tax Authorities announce the 10 year bond yield for Notional Interest Deduction (NID) purposes The Cyprus tax authorities have announced the interest yield of the 10 year government bonds as at 31st December 2017 which increased by 3% grants tax allowance on new capital introduced into the Cyprus company.

Cyprus consistent efforts to modernize its regulatory environment for investment funds, has created a legal framework bearing hallmarks of the regimes in Luxembourg and Ireland, and has strengthened Cyprus’ profile as an emerging European funds and asset management domicile.

Stelios Americanos & Co LLC advised Athienitis Group over €100 million debt restructuring The high profile transaction was one of the most complex restructuring in Cyprus as involved bank debt, bond holders issues and related litigation, financing provided by the Cyta Provident Fund, minority shareholder considerations and the construction and management of the Nicosia Mall a project with a construction cost of over €uro100million.

The Law firm of Stelios Americanos & Co LLC, with pleasure announces the appointment as new Partners / Directors:

On the 14th of July the Cyprus Parliament passed a law amending the Income tax law of 2002 as to the requirements of tax residency of individuals in Cyprus.

Stelios Americanos & Co LLC, participated in DC Finance conference in Israel on the 13th of June 2017. The seminar took place at Hilton, Tel-Aviv.

The Cyprus Tax Department ("TD") has issued an interpretative Circular on 30th of June as to the tax treatment of intra group back to back financing arrangements. This follows the TD announcement that it will cease applying the minimum accepted profit margin on back to back loan schemes as agreed in July 2011.

Stelios Americanos & Co LLC advised on Cyprus law issues the joint venture between Fattal, the Israeli hotel management chain and ISSTA, Israel's largest tourism company in the acquisition of hotels Cypria Maris, Cypria Bay and Laura in Paphos, Cyprus.

With new additions to its already established legal team, Stelios Americanos & Co LLC Law firm welcomes 3 new lawyers aiming to strengthen further it’s litigation and corporate practices and continue serving its clients with integrity, personal commitment, dedication and professionalism.

Cliff Law Firm of Moscow and Stelios Americanos & Co LLC (Cyprus) host conference on “The Global Exchange of information: The business world on the threshold of a new era” The new Multilateral Agreement on the Automatic Exchange of Financial Information between tax authorities and controlling bodies that has been signed by 83 countries, the Russian Federation inclusive, has launched a new era for the international business. The Exchange of Financial Information Agreement obliges the banks and generally financial institutions to disclosure information on the final beneficiaries of corporate accounts, as well as on international transactions. This newly emerging requirements will force the businesses to review their current setups and practices under the light of the new rules and directives.

Advantages, risks legal and tax structuring Stelios Americanos & Co LLC, participated in Saint Petersburg conference on the 13th of December 2016, the topic of which was “Properties Overseas: Advantages, risks legal and tax structuring”. The seminar was co-organized with Delovoy Saint Petersburg and Maxima Legal and took place at Grand Hotel Europe.

Stelios Americanos & Co LLC completed a successful visit to China, having met with clients and partners and participated in two conferences in Shanghai and Beijing in October/November 2016. Following a successful visit to China in May, 2016, Stelios Americanos & Co LLC made a second trip to China, in order to participate in two conferences in late October, and early November 2016, in Shanghai and in Beijing. The Firm was represented by Len Judes who spoke about and presented the Cyprus Citizenship and Permanent Residency by investment programs.