T.P. ALFA

What is a Transfer Pricing Study in Cyprus?

A transfer pricing study in Cyprus is an essential requirement for companies engaged in intercompany transactions with related parties. Since the introduction of comprehensive transfer pricing legislation in 2022, businesses must comply with strict documentation and reporting requirements to ensure that transactions align with the arm’s length principle.

This blog provides a detailed breakdown of transfer pricing requirements in Cyprus, including key definitions, compliance obligations, and penalties for non-compliance.

Business professionals discussing financial documents related to a transfer pricing study in Cyprus, with a laptop on the table.

Why is Transfer Pricing Important in Cyprus?

The importance of transfer pricing legislation in Cyprus stems from its role in preventing tax evasion and ensuring fair market pricing for transactions between related entities. The new regulations align Cyprus with the OECD Transfer Pricing Guidelines, offering transparency and legal certainty for multinational enterprises operating in the country.

With tax authorities worldwide tightening their scrutiny on intercompany transactions, compliance with transfer pricing rules is crucial to avoiding penalties and ensuring smooth operations for businesses.

Who Must Comply with Transfer Pricing Regulations in Cyprus?

The transfer pricing legislation applies to:

  1. Cyprus tax residents – Any company or individual that is a Cyprus tax resident and engages in related-party transactions.

  2. Permanent Establishments (PEs) – Foreign businesses with permanent establishments in Cyprus that enter into intercompany transactions.

By defining the scope of applicability, the law ensures that all relevant entities maintain proper documentation and transparency in their tax affairs.

What Defines a Related Party in Transfer Pricing?

The law introduces a 25% threshold to determine whether two entities are related. According to this rule, two entities are considered related if:

  • One entity directly or indirectly holds at least 25% of the share capital, voting rights, or income rights of another company.

  • The same individual or entity holds at least 25% of the share capital, voting rights, or income rights in two separate companies.

This definition ensures that businesses cannot structure their ownership in a way that circumvents transfer pricing regulations.

Business professionals reviewing and signing financial documents related to a transfer pricing study in Cyprus.

What are the Key Compliance Requirements for Transfer Pricing in Cyprus?

Cyprus’s transfer pricing regulations impose two main compliance requirements on companies:

  1. Summary Information Table – This table provides high-level details on intercompany transactions, including counterparties, transaction categories, and transaction values. It must be submitted alongside the company’s annual tax return.

  2. Transfer Pricing Documentation File – This consists of two parts:

    • Local File: A detailed analysis of material intercompany transactions conducted by the taxpayer.

    • Master File: A global overview of the group’s transfer pricing policies and business structure.

Both documents must be maintained and readily available upon request by the Cyprus Tax Department.

What is the Local File and Who Must Prepare It?

The Local File provides documentation supporting compliance with the arm’s length principle. It is mandatory for companies that exceed €750,000 in intercompany transactions per category per year. The file must contain:

  • A detailed description of intercompany transactions.

  • Transfer pricing methodologies used.

  • Comparability analysis to justify pricing decisions.

If a company’s transactions fall below this threshold, it is exempt from preparing the local file.

What is the Master File and Who Must Prepare It?

The Master File provides a broader overview of a multinational group’s transfer pricing policies. It is only required for companies that act as the Ultimate Parent Entity (UPE) or Surrogate Parent Entity (SPE) of a multinational group with Country-by-Country Reporting (CbCR) obligations. This applies to groups with consolidated revenue exceeding €750 million.

The Master File should include:

  • The group’s global business operations.

  • Organizational structure.

  • Overview of the group’s transfer pricing policies.

For smaller companies, the Master File requirement does not apply.

Can Companies Apply for an Advance Pricing Agreement (APA)?

Yes, the new legislation allows companies to apply for an Advance Pricing Agreement (APA) with the Cyprus Tax Commissioner. An APA provides pre-approval on:

  • The transfer pricing methodology used for related-party transactions.

  • The pricing of specific cross-border transactions.

The Tax Commissioner issues a decision within 10 months of application, and the APA remains valid for up to four years. This provides companies with certainty in their tax treatment, reducing the risk of future disputes.

What are the Deadlines and Penalties for Non-Compliance?

To avoid penalties, businesses must adhere to strict deadlines:

  • The Transfer Pricing Documentation File must be prepared no later than the deadline for submitting the Income Tax Return (typically 15 months after the tax year-end).

  • The file must be submitted to the Tax Department within 60 days upon request.

  • The Summary Information Table must be submitted annually with the tax return.

Penalties for non-compliance include:

Delay

Penalty

61 – 90 days

€5,000

91 – 120 days

€10,000

More than 120 days or failure to submit

€20,000

Late submission of Summary Information Table

€500

Failure to comply with these deadlines can result in significant financial penalties, making timely submission essential.

How Can Businesses Ensure Compliance with Transfer Pricing Regulations?

To ensure compliance, businesses should:

  1. Conduct a Transfer Pricing Study – Engage professionals to prepare a proper analysis supporting intercompany pricing.

  2. Maintain Accurate Documentation – Keep up-to-date transfer pricing documentation, including the local and master files if required.

Seek Professional Assistance – Consult tax advisors or licensed firms specializing in transfer pricing to navigate regulatory complexities.

Need Assistance with Transfer Pricing in Cyprus?

Ensuring compliance with transfer pricing regulations is crucial to avoiding penalties and ensuring smooth business operations. If you need assistance, we can connect you with licensed transfer pricing experts in Cyprus who can help with documentation, APA applications, and compliance.

Contact us today to get started!

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