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Double Tax Treaty between Cyprus & Georgia and Intellectual Property Company

Double Tax Treaty between Cyprus & Georgia

Tax benefits of the Double Tax Treaty between Cyprus & Georgia and the 80% tax exemption of Cypriot IP companies

The Double Tax Treaty (DTT) which was signed between Cyprus and Georgia on 13th May 2015 and came into force on 4th January 2016 is aiming to strengthen the economic relationships of the two nations by offering tax benefits to the investors of both States.

Main provisions of the DTT

The withholding tax rates for dividends, interest and royalties were set at 0%. This means that if a Cyprus resident company pays dividends, interest and royalties to a Georgian tax resident Company or individual, there will be no tax withheld in Cyprus.

This article will concentrate on the payment of Dividends from a Cyprus Company to a Georgian Company or individual.

In addition to the above, the DTT also provides that any Capital Gains which are derived by a resident of one country from the sale of immovable property located in the other country, may be taxed in the country where the property is located.

Payment of Dividends to Georgian individuals or Companies

The corporation tax rate in Cyprus is 12,5% and in Georgia 15%. This means that an individual or a company which is resident in Georgia can receive an additional 2,5% on profits as dividends from a Cyprus Tax Resident Company. The table below shows a numerical example.

Cyprus Company

Georgia Company

Net Profit before tax 1.000.000 1.000.000
Less: Corporation Tax (125.000) (150.000)
Net profit after tax available for dividends 875 850.000

As shown on the table above in the case of a 1 million euro net profits before tax a Company or individual which is a tax resident in Georgia can receive an additional 25.000 euro dividend from a Cyprus Company as a result of a lower corporation tax rate in Cyprus compared to the applicable corporation tax rate in Georgia.

80% Tax Exemption of Cypriot IP Companies

Cyprus is considered the ideal Intellectual Property (IP) location because it offers an attractive and efficient IP tax regime by offering a tax exemption of 80% on net royalty income (after deducting direct expenses) from IP owned by Cypriot resident companies. In the example on the above table, if it is assumed that 90% of the profit of 1 million euro is derived from IP Royalty Income, this means that there will be a tax exemption of 720.000 euro (900,000 euro @ 80%) which will result to Corporation Tax payable of only 35.000 euro, leaving an additional 90.000 euro of profits available for dividends.

The IP tax regime includes the following intangible assets:

  • Copyrights such as literary, dramatic, musical, scientific, artistic works, sound recordings, film broadcasts, published editions, databases, publications and software programmes.
  • Patents
  • Trademarks