On 19 June 2020, the Cyprus Parliament adopted the law to implement the provisions EU Anti-Tax Avoidance Directive (ATAD I) with respect to exit taxation rules, as well as, the provisions of the amending Directive (ATAD II) with respect to hybrid mismatch rules.

Under the exit taxation rule, Cyprus will have the right to tax any unrealised gain created in Cyprus at the time of the exit subject to the provisions of the Cypriot Income Tax Law (CITL). The value of such gain should reflect the arm’s length principles.

The hybrid mismatch rules apply to both Cypriot tax resident companies and foreign companies with a PE in Cyprus.

A hybrid mismatch usually has two tax effects: (i) Double deduction (DD) (same deduction in two jurisdictions) & (ii) Deduction with no inclusion (deduction of the income in one jurisdiction without inclusion in the tax base of the other).

In the event of a hybrid mismatch resulting in a double deduction, the deduction will be denied in Cyprus if Cyprus is the investor’s jurisdiction. If Cyprus is the payer’s jurisdiction, the deduction in Cyprus will be refused unless it is refused by the investor’s jurisdiction. Α The double deduction can be offset against the income from double inclusion, regardless of whether it is a current or a subsequent tax period.

To the extent that a hybrid mismatch results in a deduction without inclusion, the deduction will be refused in Cyprus if the payer is a Cypriot tax resident. If Cyprus is the payee’s jurisdiction and the payer’s jurisdiction has not denied the deduction, the amount that would otherwise result in a mismatch is included in the taxable income of the payee who is a Cypriot tax resident.

The new rules generally apply from 1 January 2020, except for the rules on reverse hybrid mismatches, which apply from 1 January 2022.