Residency of Cyprus Companies - Applicability of Incorporation Rule as from 31/12/2022

As from 31/12/2022, an important development applies as to the residency of Cyprus companies and in effect their taxation under Cyprus tax laws.

As per the Law, 193(I)/2021, amending the Income Tax Law, 118(I)/2002, a company, which is established or registered pursuant to any law in force in Cyprus, will by default be considered as resident in the Republic, and in effect liable to Cyprus Taxation, on its worldwide income, provided it is not tax resident in any other country.

The following proviso of the definition of the meaning, “Resident in the Republic” in article 2 of the Income Tax Law 118(I)/2002, as from 31/12/2022, has been added as follows:

“It is provided that, a company which has been established or registered pursuant to any law in force in the Republic, of which its management and control is exercised outside the Republic, it is considered that it is resident in the Republic, unless the said company is tax resident in any other country”.

In Greek: «Νοείται έτι περαιτέρω ότι, εταιρεία που έχει συσταθεί ή εγγραφεί δυνάμει οποιουδήποτε σε ισχύ Νόμου στη Δημοκρατία, της οποίας ο έλεγχος και η διεύθυνση ασκούνται εκτός της Δημοκρατίας, θεωρείται ότι είναι κάτοικος της Δημοκρατίας, εκτός εάν η εν λόγω εταιρεία είναι φορολογικός κάτοικος σε οποιοδήποτε άλλο κράτος·».

In effect, the Incorporation Rule related to residency issues, is applicable in Cyprus as from 31/12/2022 in identifying the residency of Cyprus registered companies.

In view of this amendment, all Cyprus registered companies, by default, are considered as residents of Cyprus and are liable to Cyprus Taxation UNLESS they fall within the exception of the above provision.

In effect, all Cyprus registered Companies are considered as residents of Cyprus and are liable to Cyprus tax on their worldwide income, UNLESS, they are:

a. Managed and controlled from abroad,


b. Are tax resident in another country.

Foreign registered Companies

The central management and control test identifying the tax residency of companies liable to taxation in Cyprus still applies for foreign registered companies.

In effect, 

A company is resident in Cyprus for the purposes of taxation, if,

a. It is incorporated in Cyprus (subject to the above exception) or

b. The central management and control of its business is exercised in Cyprus, which in effect makes liable to Cyprus taxation foreign registered companies.

With this new development applicable as from 31/12/2022, Cyprus companies which were managed and controlled from abroad and were considered as not tax residents of Cyprus and not liable to Cyprus taxation, are now considered as tax residents of Cyprus and are liable to Cyprus taxation on their worldwide income, unless they can prove that they are managed and controlled from abroad and are tax residents in another country. Real evidence of such tax residency is expected to be asked by the authorities, although no guidance on this issue has yet been issued.

As a consequence, Cyprus Companies nowhere taxable cannot exist anymore.

Our coming Seminar on Management and Control Test

For details on this issue and the taxation of Cyprus and foreign companies pursuant to the management and control test, you may participate in our seminar: 

ΔΙΕΥΘΥΝΣΗ ΚΑΙ ΕΛΕΓΧΟΣ ΕΤΑΙΡΕΙΩΝ - (Management and Control Test)
Φορολογία Κυπριακών και Αλλοδαπών Εταιρειών
ΑTAD 3 – Συμβάσεις Διπλής Φορολογίας,

to take place on 27/04/2023.

For details you may visit:



For more information and how this development may impact your business, feel free to contact in our below indicated email addresses.


This publication has been prepared as a general guide and for information purposes only. It is not a substitution for professional advice. One must not rely on it without receiving independent advice based on the particular facts of his/her own case. No responsibility can be accepted by the authors or the publishers for any loss occasioned by acting or refraining from acting on the basis of this publication.


Christos Kinanis, Lawyer
Managing Partner Kinanis LLC


We are a Law Firm with offices in Cyprus consisting of more than 50 lawyers, accountants and other professionals, consulting international and local clients.

The Firm and its predecessors offer to their clients legal and advisory services since 1983. The Firm gradually evolved over the years, from one traditional law Firm into an innovative pioneering Law Firm that combines exceptional expertise in corporate law, trusts, taxation, VAT, accounting, litigation, financial services, labour law, migration and technology.

Since its establishment, the focus of the Firm has been largely oriented towards corporate businesses and always compatible with the latest global developments and innovations.

Drawing from the team of our experienced professionals, we provide to the clients' businesses our full legal, tax and accounting support on a daily basis as well as tailored solutions to today's global economic and legal challenges. Our Firm is constantly harmonizing and adapting to technological developments by providing a corresponding support to its customers.

It is our policy to anticipate and prevent any issues that may arise and impact our clients' businesses and offer effective advice, timely and proactive solutions.

We participate in the operations of our customers and have as our vision and pride to become part of their story having as flag, the motto "...Being part of their story is our pride..."


Kinanis LLC
Limited Liability Law Firm
Egypt 12, 1097 – Nicosia
Tel: 22 558 888 – Fax: 22 662 500
E-mail: KinanisLLC@kinanis.com 
Website: www.kinanis.com