Offshore company Cyprus Substance question

[eurobundance]

Currently living in NL

I wanna setup a SaaS company in Cyprus and benefit of IP-Box, so corporate tax will be as low as 2.5-5%

I'm gonna create the substance for it, i.e.:

1. Management, important meetings and key decisions will be in Cyprus done by a local director and not me, all of this will be well documented (But I will be the one making the decisions through secure messaging)
2. t's own (rented or owned) office space/premises / physical address;
3. Qualified and knowledgeable directors and managers who are located and employed in Cyprus;
4. Other employee/s with relevant experience residing in Cyprus;
5. Employer status of the company and registration with the Cyprus Department of Social Insurance where directors and/or other staff are employed (not only nominated);
6. Its accounting records maintained in Cyprus and the accounting work performed by local accountants;
7. Operative local bank accounts, with local resident signatories/counter-signatories;
8. Relevant assets located in Cyprus (i.e., staff, equipment, and all other necessities which are normally required for doing business);
9. The substantial involvement of local staff in the operations of the entity;
10. An independent local email address and/or website;
11. An independent telephone and fax line.

Will this work with the Netherlands authorities? Does anyone have experience with it.

If this is bullet proof and if we fall under IP Box regime we will avoid the high corp tax of 26.9% in NL.

 

[CyprusLawyer101]

All the above are good for creating substance for a Cyprus company . Whether you will manage to achieve the full transfer of the managemnt and control of the company to Cyprus is a question of fact and proper planning. In any event certain structuring should be possible to reduce your current tax burden through Cyprus although it may not have the form you are currently envisioning.
With respect to qualifying for the IP regime, this mainly depend on your IP assets qualifying however the points you are mentioning above do not necessarily contribute towards qualifying nor are necessarily to be regarded as qualifying expenditure.