New Ukraine-Cyprus Double Tax Treaty: Repatriation of Profits from Ukraine Will be Taxed

According to Ukrainian media, during the official visit of Ukrainian President to Cyprus, the new version of the Ukraine-Cyprus Double Tax Treaty ("Treaty") was signed. Reportedly, this new treaty is very close to recent version of OECD Model Tax Convention. It is expected that unlike the previous tax treaty this new one will allow Ukraine to apply its withholding tax to passive incomes payable by Ukrainian companies to Cyprus residents. Below are some of the expected tax rates.

Dividends

Under general rule, 15% withholding tax will apply in Ukraine to dividends. However, the Treaty provides for a reduced 5% rate provided that (i) Cyprus recipient owns not less than 20% of shares in Ukrainian entity, which distributes dividends or (ii) invested at least equivalent of EUR 100,000 in acquisition of the Ukrainian entity's shares. It is also expected that the Treaty will require that the Cyprus recipient shall be a beneficial owner of dividends to enjoy the tax benefit.

Interest

The Treaty stipulates 2% withholding tax for interest payments if Cyprus recipient is a beneficial owner of such interest and these are not attributable to a Ukrainian permanent establishment of the Cyprus resident.

Royalty

It is expected two tax rates will apply to royalty depending on the type IP rights. 5% rate will apply to royalty payable in relation to author's right on scientific work, any patent, trademark, secret formula, process or information regarding industrial, commercial or scientific experience. While in other instances 10% tax rate will apply, provided that the Cyprus recipient is a beneficial owner of royalty and these are not attributable to its Ukrainian permanent establishment.

Reportedly, the Treaty will become effective from the 1st January of the year following the one in which it will be ratified by both countries.

For further information please contact senior associate Constantin Solyar