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Gibraltar

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Gibraltar is one of the few countries that allow both offshore and onshore companies to be incorporated. Due to the territorial connection with Great Britain (a dependent territory), it is possible to use Gibraltar as a gateway to Britain, and therefore the EU. If a company is in the „onshore regime“ it is tax resident in Gibraltar and liable to tax in Gibraltar on its worldwide income. In this case, it is suitable for direct business activity.

However, Gibraltar also offers an „offshore regime“, where the company is not tax resident in the country, income from third countries is not subject to taxation. Offshore Gibraltar companies are used to control UK companies in order to achieve a higher level of discretionary ownership.

Doing business in Gibraltar

It is one of the British offshore, which is also part of the European Union, therefore it is used as an entry territory for the entire EU as well. It makes it possible to significantly streamline costs and offers an attractive regime for foreign investors, maintaining an excellent reputation despite its offshore status. There is a complete lack of rate controls (exchange controls). It has a good geographical location and offers the advantage of a bilingual area (English and Spanish).

It is the only jurisdiction that offers a permanent tax regime (25 years of certification). It features a specific exclusion from the EU regarding tax collection requirements, however it will retain regulatory standards in line with the EU and UK while maintaining the flexibility of a small legal system based on English common law.

There are no capital gains taxes, no gift tax and no estate tax in Gibraltar. The company's main expense thus remains above all income tax. The fee system here works similarly to the UK.

Non-resident offshore companies incorporated in this jurisdiction pay an annual license fee of pounds.

Gibraltar has 27 Tax Information Exchange Agreements (TIEAs).

In Gibraltar, it is possible to use nominee services that guarantee the anonymity of the owner.

Types of business companies

It is possible to establish a joint stock company, a company limited by guarantee having a share capital, a company limited by guarantee without a share capital and an unlimited company in Gibraltar. ). Pre-established companies are also allowed. Only companies with capital expressed in shares can be exempted from taxation (so-called Exempt Company).

The minimum amount of issued (subscribed) capital of a trading company established in Gibraltar is 100 GIP. Usually the capital is subscribed at 2,000 GIP (divided into 2,000 shares of £1 each). At the same time, it is the highest possible value of the capital, which is still subject to the minimum fee for registration in the commercial register. The capital can be subscribed in any currency. The minimum amount of paid-up capital is 1 GIP. Permitted types of shares are preference shares, registered shares, redeemable shares, and voting and non-voting shares.

Basic information

  • Legal type of company: LTD
  • Establishment time: approx. 1 week
  • Number of shareholders: The minimum number of shareholders of an offshore company incorporated in Gibraltar is one. None of the shareholders need be resident in Gibraltar. The names of the shareholders are part of the financial statements and information about them is publicly available.
  • Shareholder: It can be a natural person or a legal entity
  • Share capital: A minimum value of at least 100 euros is required
  • Registered shares: This type of shares is allowed
  • Company seat: It is required in the territory of Gibraltar, physical presence is not necessary
  • Director: The minimum number of directors of a Gibraltar offshore company is one. Executives can be of any nationality, natural or legal persons, and no resident executive is required. Information about executives is publicly available.
  • Secretary: The company must mandatorily fill this position and at least one is required

Taxation

  • Gibraltar companies will only tax income generated within that jurisdiction at a rate of 10 %
  • Dividends are not subject to taxation. There is also no VAT levy here
  • Determining the tax rate on interest and royalties
  • Bookkeeping and preparation of accounts remains an obligation, audit is not required, it is mandatory only for large companies.

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