Cyprus-Russia Protocol ratified by Russian Duma
On Feb 15th, 2012, the Russian Duma finally ratified the amending Protocal to the Cyprus-Russia Double Tax Treaty of 1998, signed on Oct 7th, 2010. Cyprus had ratified this Protocal earlier in August 2011. According to experts, Russia was waiting to ratify in order to make sure they were prepared for the procedures for information exchange between the two countries that this Protocol would permit. By ratifying this Protocal Cyprus has been removed from the Russian “black” list.
The Protocal is just coming into force now and it is hard to predict at the moment the real effect this will have. According to expert opinions, Cyprus understands that Russia is the main investor in their economy and therefore they intend to protect all the investments in the country. Russian investors should understand that the disclosure of the information would only follow after an official enquiry from the Russian Tax Authorities and also that the procedure is not straight forward.
Taking into consideration that Cyprus regards Russia as its main investor and will protect Russian investor’s interest, it is important to also recognize the benefits of Cyprus now being taken off the “black” list of the Russian Federation. Now it will be allowed for dividends paid from Cyprus tax resident companies and received from the Russian corporate shareholders to qualify for the Russian participation exemption and thus be exempt from Russian tax. This is expected to create new opportunities for Russian investors for the use of Cyprus companies and funds as a gateway to Europe, Asia and Africa.
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