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Non-resident
company
Non-resident company is
a company that is incorporated in Gibraltar, and owned, managed,
and controlled by non-residents. The company status is legally
supported by the Gibraltar Companies Ordinance, which is based
on the Companies Act 1929 of the United Kingdom. Along with the
development of Gibraltar as a financial center certain amendments
have been made to it. A non-resident company is not subject to
local corporate tax, except for the part of profits remitted over
to Gibraltar. It means that those companies without local bank
accounts may not be taxed. Non-resident companies pay neither
annual duty nor other fees payable by local resident companies.
Non-resident company though must maintain local registered office
with a local corporate secretary. Nominee services are available
for owners and directors. Annual report is required.
Companies carrying on their business outside Gibraltar are required
to apply for a license if they are involved in businesses such
as Investment Management, Banking, Insurance, Company & Trust
Management etc. Further on, they are required to state their license
number on all letters and advertising. They are inspected by the
Financial Service Commission to ensure that they are complying
with the Financial Service Ordinances. They are also required
to file a set of audited accounts with the commission within four
months of their year-end.
The standard rate of tax for resident companies currently makes
35% (small companies rate 20%). The company may be of four types:
a share limited company, a company limited by guarantee
having a share capital, a company limited by guarantee without
a share capital and an unlimited company.
Companies with management offices in Gibraltar and resident employees
(mainly Qualifying companies) will still need to register with
the Employment & Training Board and Tax office as before.
Non-resident companies are never described as ‘offshore’
in legislation of Gibraltar. Company forms, which fit most for
carrying offshore operations, are the Exempt Company, the Qualifying
Company, the Gibraltar 1992 Company and Trust. Company names should
end in "Limited", unless the shareholders have unlimited
liability.
Name
for Your Company
The government by legal notice published a list
of sensitive names for companies. That is any name that is identical
or similar to an existing company; any name, which is undesirable
or offensive, by the opinion of the Registrar, any name which
suggests royal or government patronage, or which may imply a field
of activity associated with the banking or finance industry. "Association",
"Bank", "Imperial", "Assurance",
"Group", "International", "Royal",
or "Trust" and any derivatives thereof usually require
special permission.
Management
and Taxation
Gibraltar was the first European financial center
to introduce the tax exempt company as an offshore holding vehicle,
and its unique status within the EU makes it the jurisdiction
of choice for certain types of investors or traders: there are
over 60,000 companies registered in Gibraltar (more than two per
inhabitant!), many of them being exempt.
Gibraltar non-resident company
is not taxable in Gibraltar. It is a company, which is incorporated
in Gibraltar, owned by non-residents and controlled by directors
who reside and hold board meetings outside Gibraltar. Non-resident
company is another offshore business form which escapes taxation
on foreign income. The Companies Taxation and Concessions Ordinance
(amended) introduced the exempt taxation status for companies
trading outside Gibraltar. A company registered in Gibraltar will
not be liable to Gibraltar taxation, including income tax and
estate duty, if it's owned and controlled by non residents of
Gibraltar, does not trade in Gibraltar and does not remit income
to Gibraltar.
A non-resident company pays an annual tax of G£200. Gibraltar
corporation tax is demanded only in the case if company’s
income is derived from or remitted to Gibraltar.
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