Eternity Law International News Cyprus International Trust

Cyprus International Trust

November 11, 2022

Rich people or entrepreneurs may enjoy the benefits of trusts when combined with tax preparation and corporate structure. Trusts have been established for a plethora of purposes, including asset preservation, minimizing taxation, and changing how assets are distributed after a person’s passing. Any class of asset—cash, stock, etc.—can be included in a trust, anywhere in the globe. Let’s consider the key features of a Cyprus international trust.

General overview

In some cases, a CIT may be created to benefit from a relevant double tax treaty. Secondly, it might offer asset security when that is necessary. Thirdly, and perhaps most significantly, since income of CITs is obtained from or is presumed to be generated from outside Cyprus, CITs do not fall within taxation.

CITs are also totally free from any exchange control obligations. They are also permitted to invest in and engage in local business, provided that all profit derived from such sources is taxed at standard rates.

Like with corporations and partnerships, a trust’s home has a substantial impact on how it will be taxed. If a trust is also judged to reside in a country with a high tax rate with which Cyprus does not have a favorable double tax treaty, some of the pros of a CIT that were previously mentioned will be lost.

Using the UK as an example, a trust will be regarded as a resident if at minimum one trustee resides there unless the settlοr was neither a resident, nor domiciled in the country at the time the trust was set up, as per sections 110, 111, and 151 of the Finance Act 1989. If the settlοr initially is not qualified as a resident of the UK because he is neither a resident, nor domiciled in the country, the trust may later be qualified as a resident if the settlοr contributes funds to the trust while he is a resident, ordinarily resident, or domiciled in the country.

Who would the settler be?

A person must be capable of freely disposing of the property to be settled. Corporations are also included in this. However, a corporate body’s ability to act as a settlor is based on the authority granted to it by its constitution or other legal acts.

Who can be a beneficiary?

As to the Cyprus international trust law, anyone, even business entities, unborn children, juveniles, and those who are mentally incompetent, maybe a beneficiary under a trust.

Who are possible trustees?

There may be anyone who is of age of majority and sound mind. If permitted by its charter, a corporate body may serve as a trustee. One of them must be a local resident. If an IBC or a trans-border partnership serves as the trustee, this requirement is met.

How many trustees are necessary?

International trust law Cyprus stipulates that the maximum number at any given time is four, except for organizations for charitable, religious, or public purposes.

Formation of a trust

You can either establish a CIT verbally or in writing. The usage of express language is not subject to any formal rules. To establish confidence, only a clear aim is necessary. However, a CIT must be in writing when it pertains to property. By Cyprus law, both constructive and resultant trusts are recognized.

But, it should be mentioned that Cypriot government completely incorporated the rules of the 5th Anti-Money Laundering EU Directive 2018/843 into its domestic legislation on February 23, 2021. Cyprus international trusts must record such data of its members as:

  • name and surname;
  • birthdate and place;
  • nationality;
  • residential address;
  • number, type, and country of issue of the identification document;
  • date of death (if applicable);
  • date on which the UBO became the beneficiary;
  • nature and extent of rights held directly or indirectly by the beneficiary;
  • the role of the beneficiary within the trust; and
  • any additional data or supporting documents.

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