LEGISLATION & TAXATION
Legislation
Year 2003 has been a landmark for the insurance industry in Cyprus as it marked the enactment of the new insurance legislation that complies fully with the European Union Directives. The new legislation has brought about marked changes as regards the regulatory framework of the insurance industry and has introduced additional burdens for insurers including stricter solvency requirements.
One of the most discussed aspects of the law, was that of insurance mediation, as this transforms fundamentally the framework concerning the distribution methods of insurance products. This law was the subject of numerous discussions between the industry and the government until a compromise solution was found.
Insurance Services Law (available only in Greek)
Taxation
Income tax law states that life insurance companies' gross premiums are subject to a minimum tax of 1,5% of gross premium income, if the corporation tax rate applicable on operating profits amounts to a lower sum.
Data held by the Insurance Association indicates that the application of the minimum tax during the period 1996 - 2000, resulted in a tax liability broadly 25% higher than the tax payable if the normal corporation tax had been applied.
This effect has been further aggravated in the period 2001 - 2002, when life companies, although they have incurred operating losses as a result of the negative investment performance, they incurred a heavy tax bill because of the application of minimum tax.
With the tax reform introduced in 2002, the corporation tax rate was reduced from 25% to 10%, but despite lobbying efforts of the Insurance Association to abolish the minimum tax, the request was denied by the government. This in effect has exacerbated the unfair treatment of life insurance companies in comparison to other sectors of the economy.
Indirect taxation on insurance contracts in Cyprus
At policy issue or renewal
CLASS OF INSURANCE |
STAMP DUTY (3) |
PREMIUM TAX (3) |
PARAFISCAL TAXES (3) |
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Fire Brigade Tax |
Motor Guarantee Fund |
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Life |
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1,5% (1) |
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- if sum assured < EUR 854,30 (CY£500) |
EUR 1,71 (CY£1) |
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- if EUR 854,30 (CY£500) < sum assured < EUR 1.708,60 (CY£1.000) |
EUR 3,42 (CY£2) |
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- if EUR 1.708,60 (CY£1.000) < sum assured < EUR 8.543,01 (CY£5.000) |
EUR 6,83 (CY£4) |
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- if sum assured > EUR 8.543,01 (CY£5.000) |
EUR 17,09 (CY£10) |
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Health |
EUR 1,71 (CY£1) |
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Accident |
EUR 1,71 (CY£1) |
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Motor Liability |
EUR 1,71 (CY£1) |
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5% (2) |
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Hail (including destruction of glasshouses and forcing frames in market gardening and horticulture) |
EUR 1,71 (CY£1) |
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Fire - if sum assured < EUR 1.708,60 (CY£1.000) |
EUR 0,85 (CY£0,5)
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- if sum assured ≥ EUR 1.708,60 (CY£1.000) |
EUR 1,71 (CY£1) |
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Other insurance for damage to goods |
EUR 1,71 (CY£1) |
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Cross-frontier goods in transit |
EUR 1,71 (CY£1) |
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Marine hull - if sum assured < EUR 341,72 (CY£200) |
EUR 0,85 (CY£0,5)
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- if sum assured > EUR 341,72 (CY£200) |
EUR 1,71 (CY£1) |
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Other classes |
EUR 1,71 (CY£1) |
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At payment of the premium receipt (policy issue, renewal, endorsement etc.)
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ALL CLASSES OF INSURANCE |
STAMP DUTY (3) |
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- if EUR 3,42 (CY£2) < premium < EUR 34,17 (CY£20) |
EUR 0,03 (CY£0,02) |
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- if premium > EUR 34,17 (CY£20) |
EUR 0,07 (CY£0,04) |
NB: Taxes and financial deductions when settling a motor claim:
VAT is applicable to repair and towing costs (the insurer does not pay VAT to a claimant who is entitled to recover it).
(1) Income tax law states that life insurance companies’ gross premiums are subject to a minimum tax of 1.5% of gross premium income, if the corporation tax rate applicable on operating profits amounts to a lower sum.
The basis of assessment of premium tax is total premium to be paid by the insured.
(2) The Motor Insurers’ Fund of Cyprus collects the 5% premium surcharge every quarter through insurance companies. The surcharge is paid by the insured.
Further information can be obtained from:
Motor Insurers' Fund of Cyprus:
23, Zenon Sozos Street
P.O.Box 22030
CY - 1516 Nicosia
Tel.: +357 22 763913
Fax: +357 22 761007
E-mail: mif@cytanet.com.cy
(3) Insurers operating by way of FOS in Cyprus are required to nominate a tax representative.
Further information can be obtained from:
Ministry of Finance
Inland Revenue Department
CY - 1472 Nicosia