Retrospective Immovable Property Tax

Imposition and Collection of a 0.4% tax on the sale of immovable Property, in accordance with the Central Body for the Equal Distribution of Burdens Law

DECEMBER 7, 2022 BY MICHAEL CHAMBERS & CO LLC CYPRUS LAWYERS, LATEST ARTICLES, LEGAL ARTICLES, REAL ESTATE


Imposition and Collection of a 0.4% tax on the sale of immovable Property, in accordance with the Central Body for the Equal Distribution of Burdens Law

The Tax Department has announced that according to the Central Body for the Equal Distribution of Burdens amending Law (No.2) of 2022 (N172(I)/2022, (circulated on the 18th of November 2022), the Tax Department will be responsible to impose and collect a 0.4% tax for the Central Body for the Equal Distribution of Burdens. 


Imposition and Collection of a 0.4% tax on the sale of immovable Property, in accordance with the Central Body for the Equal Distribution of Burdens Law

It should be noted that the said tax, which has a retrospective effect, will apply to all sales completed from 22/2/2021 onwards.


In practice, the 0.4% tax as mentioned above will apply on:

The transfers of immovable Property by virtue of sale and/or

The sale of shares of a company that is not listed in an acknowledged Stock Exchange (regardless of percentage holding) and that directly or indirectly holds immovable Property with a recorded general estimation value under a General Valuation and Re-evaluation Survey.

Calculation of the tax

The amount of the Central Body for the Equal Distribution of Burdens tax will be calculated by and settled to the district Tax Department.


Regarding the sale of immovable Property, the 0.4% tax will be calculated based on the sale amount of the Property.  In cases of sale of company shares, the tax will be calculated based on the latest general valuation value of the property attributed to the shares.


The above article is informative and does not correspond to legal advice.


Source


https://www.chambers.law/impose-and-col … reloaded=1

This impacts on sales only .... And the tax depts are actively pursuing those who have sold up and returned to their homeland... Since it became law 


Seems a bit "off" to me when you consider this tax is meant for refugee situation as a result of  the Cyprus South /North divide.


Purpose of the Law


The imposition of this levy is intended to serve humanitarian purposes. Any proceeds generated will be channeled towards the support of Greek-Cypriot refugees who face financial hardships and individuals who cannot access or use immovable property they own, as a consequence of the Turkish invasion in Cyprus in 1974.


De Minimis Contribution


The introduction of the above levy has not yet affected, and is not expected to affect, the willingness of people to deal in real estate in Cyprus. The real estate market in Cyprus is experiencing great development in recent years. High demand for commercial and residential properties, both from locals and foreigners alike, has contributed to the expansion of the construction and land development industries, a trend which is not expected to change soon.


Although the contribution from the sale of immovable property is de minimis, collectively these contributions is expected to generate approximately €13-14 million per annum.

The overall concept doesn't seem unreasonable but the retrospective application does.