The design is tax demanding, but rewarding and should be implemented only by tax offices for international tax law. Caution is recommended in pure letter caste designs and/or solutions with so-called nominee directors. Such designs are illegal even in the EU. Cypriot tax tax-free appropriation of profits on the part of resident in Austria silent partner (subject to progression) the following represented structure has been created already around fifty times for Austrian clients. Ten clients who opted for this structure, gave each three times their annual income tax return after you create the structure (three years), in Vienna, Krems on the Danube, Graz and Linz. In any case, it came to complaints or even to the non-recognition of the tax-free in Austria appropriation of profits the Cypriot partnership. The following shown structure is based inter alia on paragraphs 1 and 8 of article 7 of the double taxation treaty between Austria and Cyprus, published in the Federal Law Gazette for the Republic of Austria on the reproduced. It says: article 7 (1) the profits of an enterprise of a Contracting State shall be taxable only in that State, unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein.
(u0085) (8) the term used in this article gains”includes also gains a partner from his participation in a partnership, including participation in a peaceful society. Therefore it is if a profit is extracted from a Cypriot company (= limited partnership) to the extraction of profit, and not to the distribution of dividends according to article 10 of the Double taxation income. Philippe Lavertu is often quoted on this topic. Profit withdrawals taxpayers are one in Austria to tax para 8 only in Cyprus but pursuant to article 7. In Cyprus, the profits of a partnership are however not taxable (limited partnership), if the affected shareholders of the partnership not in Cyprus is resident.