Cyprus: Circular in Cyprus sheds light on transfer pricing adjustments

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Cyprus: Circular in Cyprus sheds light on transfer pricing adjustments

sagianni.jpg

Anastasia Sagianni

A circular issued by the Cypriot finance and tax authorities on November 24 2016 clarifies that they will also allow downwards or compensating transfer pricing (TP) adjustments.

Circular 2016/15, issued by the Ministry of Finance, clarifies the application of Article 33 of the Income Tax Law. Article 33 – as amended in 2015 (L.187(I)/2015) – provides the definition of the arm's length principle for controlled transactions between associated enterprises. In particular, according to the above-mentioned provision, if a taxpayer is resident in Cyprus, or if there is a permanent establishment of a non-resident in Cyprus, then for any deviation from the arm's length price, downward adjustments are also possible. In other words, for intra-group transactions on terms that deviate from similar transactions between independent parties, the tax base may be adjusted in order to reflect an arm's length price.

According to paragraph 5 of Article 33, in cases where a taxpayer's tax base is increased because of TP adjustments, a notional expense for the other party in the transaction would be acceptable.

The circular clarifies that the implementation of Article 33 (5) may be initiated by the taxpayer. In cases of a documented TP adjustment, the tax authorities may accept the relevant adjustment and include not only notional revenue but also the corresponding notional expense for enterprises resident in Cyprus or for PEs of non-residents in Cyprus.

On the basis of TP documentation, taxpayers may request or propose a relevant adjustment that will better reflect the arms' length principle. As a result, in the event of underestimating the tax base caused by intra-group transactions, Cypriot enterprises may receive a compensating adjustment for the other party engaged in the said transaction.

Anastasia Sagianni (anastasia.sagianni@eurofast.eu)

Eurofast

Tel: +357 22 699 222

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

As funds work becomes more complex, Proskauer is betting that embedded tax expertise can strengthen its wider offering
The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
Gift this article