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Introduction
Gibraltar is a peninsula at the
southern tip of Spain with an area of approximately 7 sq. km. It has
a population of some 30,000 although a substantial number of the
working population commutes daily from homes nearby in Spain. A
number of Moroccan, British and Indian expatriates live in
Gibraltar.
Political Structure
Gibraltar is a British Dependent
Territory and is a Crown Colony with internal self-government. It
has its own elected House of Assembly, which legislates on domestic
matters. It is a common law jurisdiction based on English Common and
Statue Law with variations introduced by local legislation. The
final court of appeal is the British Privy Council. Gibraltar is an
associate member of the European Union and enjoys special status
within the Community being exempted from the Common Customs Tariff,
the Common Agricultural Policy and Value Added Taxation.
Despite pressure from Spain over
sovereignty and the EU over “unfair taxation practices” Gibraltar
remains politically stable.
TAXATION/FISCAL REGIME
Income Tax is levied on resident
companies and individuals at rates between 20-50 per cent. However,
in return for an annual fee, currently £225 and due on the
anniversary of incorporation (there are fines for late payment)
Gibraltar companies can be declared exempt from paying tax. There is
also an annual filing fee of £26. Exempt companies cannot trade in
Gibraltar and are subject to a range of other requirements regarding
management and control. Exempt companies are under attack from
organisations such as the EU and the OECD and will be outlawed after
1st January 2006. The Gibraltar government has plans to
introduce a zero rate of tax for all companies but there are doubts
over whether this will be ruled legal by the EU. Such a policy may
not even be financially viable as, unlike the Isle of Man whose
plans have been ruled legal, Gibraltar has no VAT system with which
to raise income and so it is likely that other charges and
requirements will be imposed to raise income.
There is no requirement to file
detailed financial statements but an abbreviated balance sheet is
required from most companies and all companies must keep records to
reflect its financial affairs.
TYPES OF COMPANY
Exempt Companies:
The main attraction of Gibraltar as a financial centre is that its
Exempt Companies can be managed and controlled from within
Gibraltar, in contrast with most other jurisdictions, where
companies managed from within are subject to Corporation Tax. Note:
These will be phased out by 31st December 2007 (2010 for existing
companies) and we do not routinely offer to form these.
Non-Resident Companies:
These are becoming very popular as alternatives to the once popular Irish
Non-Resident companies. No annual government fee is payable and audited
accounts are not required.
Gibraltar is not party to any double taxation treaties so there is
therefore no exchange of information with other fiscal authorities.
Gibraltar companies can be especially good for purchasing properties in
Spain.
Taxation/Accounts
Neither an exempt company nor a non-resident company has a liability to tax
of any kind in Gibraltar (except payment of the annual duty in the case of
an exempt company, which is, in any case, included in our fees).
A basic balance sheet must be filed
annually although there is no requirement for this to be audited.
INCORPORATION TIMESCALE/NAMES
Allowing for time differences, names
can be checked and reserved instantly and incorporation takes place
on the same day. Certain words are prohibited or subject to
licensing requirements such as “Royal”, “Trust”, “Bank” and
“Insurance”. It can take 10 days to receive documents from Gibraltar
so we try to keep a few stock companies for transfer once we have
received documentation and payment.
FEES FOR
GIBRALTAR COMPANIES
We charge £450 to
incorporate a Gibraltar Non Resident Company. This includes the first year’s registered
office and registered agent fees and all government fees. Thereafter there
is an annual fee (due on the anniversary of the registration) of £170 again
including registered office, registered agent and government fees.
We can help and
advise you in respect of the opening and management of bank accounts and the
provision, if required, of company officers or managers.
HOW TO ORDER
Simply call us on
01952 270270 or send an email to:
ymf@arcorporatesecretaries.co.uk
Whilst every
effort has been made to ensure that the details contained herein are correct
and up-to-date, this information does not constitute legal or other
professional advice. We do not accept any responsibility, legal or
otherwise, for any error or omission. Prices are subject to change.
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Optional Extras
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