T.P. ALFA

The Future of Transfer Pricing in Cyprus: Trends and Predictions

In recent years, Cyprus has made significant strides in aligning its tax framework with international standards, particularly in the realm of transfer pricing. As global tax regulations evolve, understanding the future trajectory of transfer pricing methods in Cyprus becomes crucial for businesses operating within and through the island nation.​

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Evolution of Transfer Pricing in Cyprus

Historically, Cyprus did not have comprehensive transfer pricing (TP) regulations. However, recognizing the importance of adhering to global tax standards and ensuring fair taxation, the Cypriot government introduced detailed TP legislation effective from 1 January 2022. This move was in line with the OECD Transfer Pricing Guidelines and the Base Erosion and Profit Shifting (BEPS) Actions 8–10 and 13, aiming to prevent profit shifting and ensure that income is taxed where value is created.

Current Transfer Pricing Framework

The current TP framework in Cyprus mandates that transactions between related parties adhere to the arm’s length principle. This principle ensures that intercompany transactions are conducted under the same terms as those between unrelated entities. Key components of the framework include:​

  • Documentation Requirements: Taxpayers engaged in related-party transactions exceeding €750,000 per category annually are required to prepare a Local File. Additionally, multinational enterprise (MNE) groups with consolidated revenues over €750 million must prepare a Master File. All entities with related-party transactions, irrespective of the amount, must submit a Summary Information Table (SIT) alongside their annual tax returns. ​

  • Advance Pricing Agreements (APAs): Cyprus offers taxpayers the option to enter into APAs with the tax authorities. These agreements allow businesses to obtain pre-approval on the TP methodology for specific transactions, providing certainty and reducing potential disputes. An APA can be valid for up to four years. ​

Trends Shaping the Future of Transfer Pricing in Cyprus

  • Enhanced Compliance and Documentation

With the introduction of stringent TP regulations, there is an increased emphasis on comprehensive documentation. Businesses are now required to maintain detailed records justifying their transfer pricing methods. This trend ensures transparency and aligns with global best practices.

  • Alignment with International Standards

Cyprus’s commitment to the OECD TP Guidelines signifies its dedication to international tax coherence. By incorporating these guidelines into domestic law, Cyprus ensures that its TP regulations are consistent with those of other jurisdictions, facilitating smoother cross-border transactions and reducing the risk of double taxation.

  • Increased Scrutiny and Audits

As Cyprus strengthens its TP framework, businesses can anticipate more rigorous audits and reviews by tax authorities. This heightened scrutiny aims to ensure compliance and deter aggressive tax planning strategies. Companies should be prepared for detailed examinations of their TP policies and documentation.

  • Technological Integration

The digitalization of tax administration is a growing trend globally, and Cyprus is no exception. The integration of technology in tax reporting and compliance processes is expected to streamline TP documentation and submission, making it more efficient for both taxpayers and authorities.

  • Focus on Substance Over Form

There is a global shift towards emphasizing the economic substance of transactions over their legal form. Cyprus’s TP regulations reflect this trend by requiring businesses to demonstrate that their intercompany transactions have genuine economic substance and are not merely structured for tax benefits.

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Predictions for Transfer Pricing Methods in Cyprus

  • Adoption of Advanced Pricing Methodologies

As businesses become more complex, traditional Transfer Pricing methods may not always be sufficient. Cyprus is likely to see a rise in the adoption of advanced pricing methodologies, such as the Profit Split Method, especially for transactions involving intangibles or integrated services.

  • Greater Use of APAs

With the formal introduction of APAs, more businesses are expected to seek these agreements to gain certainty over their TP arrangements. This trend will likely lead to a more collaborative relationship between taxpayers and the tax authorities, reducing disputes and fostering a cooperative compliance environment.

  • Continuous Updates to Legislation

Given the dynamic nature of international tax laws, Cyprus is anticipated to regularly update its TP regulations to remain aligned with global developments. Businesses should stay informed about these changes to ensure ongoing compliance.

  • Emphasis on Training and Development

As TP regulations become more intricate, there will be a growing need for specialized training and development. Both tax professionals and corporate personnel will require upskilling to navigate the evolving TP landscape effectively.

Conclusion

The future of transfer pricing in Cyprus is set to be characterized by enhanced compliance, alignment with international standards, and proactive engagement between taxpayers and authorities. Businesses operating in or through Cyprus should prioritize understanding and adapting to these evolving TP regulations to ensure compliance and optimize their tax positions.

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