Gibraltar Companies

Gibraltar Companies

The principal factors to bear in mind about Gibraltar companies are as follows:

1. Gibraltar companies are not always assessed for tax in Gibraltar. If a Gibraltar Company is able to establish that it is “Non-Resident Controlled”, the Gibraltar Tax Authorities will treat such a Company as not assessable for taxation in Gibraltar.

Such “non-assessability” may be determined on the following basis:

That the Beneficial Owners of a Company are non-residents of Gibraltar.
That the Directors and Shareholders of the company are non-residents of Gibraltar or professional licensed Corporate Directors and/or Nominee Shareholders.
That the company ONLY carries on business EXCLUSIVELY outside Gibraltar, does not establish a physical operational presence in this jurisdiction, and has no Gibraltar-source income.

In addition to the above, other advantages that may be factored into any advice that is offered to clients would be the following:

Taxation is abolished on dividends paid by one Gibraltar Company to another Gibraltar Company.
Taxation is abolished on dividends and interest paid by a Gibraltar Company to a non-resident recipient.
The requirement to withhold tax on dividends is abolished.
There is no Capital Gains Tax or Inheritance Tax due in Gibraltar.

In other words, the “non-resident control” or “non-liability” of a Gibraltar company for tax in Gibraltar, may be determined on the basis that the Directors and Shareholders of the company are non-residents of Gibraltar or Gibraltar-licensed Corporate Directors and/or Nominee Shareholders, and on the strict condition that the company ONLY carries on business EXCLUSIVELY outside Gibraltar. So long as the Company is not expected to conduct any business with Gibraltar or Gibraltarians, you should rest assured that it will not be assessable for tax in Gibraltar.

2. The standard incorporation time for Gibraltar companies is 4 to 5 days.

3. Gibraltar companies will NOT be designed to accommodate Bearer Shares.

4. The identity of the Directors and Shareholders of Gibraltar companies are required to be filed at the Gibraltar Companies Registrar although these may be Corporate Directors and/or Nominee Shareholders.

5. A minimum of one Director and one Shareholder (corporate or individual) are required to be appointed to a Gibraltar company. The Director and the Shareholder may be the same person or corporation.

Company Secretary

The Registered Office, Company Seal, Statutory Books, original Certificate of Incorporation and Company Secretary for Gibraltar companies are always expected to be retained in Gibraltar. Professional intermediaries may choose to name their own Alternate Company Secretaries to act in conjunction with our own.

The Filing of Corporate Accounts

Gibraltar companies are required to identify commencement dates for their financial years during the period 1st April to 31st March, and to file a Balance Sheet at the Companies Registry relating to their chosen year-long fiscal period within 13 months from the chosen financial year end. These Balance Sheets will be required to be signed by the Directors of the companies, and there will be no requirement for these Balance Sheets to be audited.

Please click on our link below for further information on this requirement.

Income Tax (Amendment) Act 2015

Contact

  • Suite 4, 2nd Floor The West Wing Montarik House 3 Bedlam Court Gibraltar GX111AA
  • formaco@formaco.gi
Whats New

See if there have been any changes since last year’s Gibraltar Government Budget resulting in any amendments to laws or procedures. Form-A-Co stays on top of these changes and provides regular updates here.

  • Price points
  • Legislation
  • Documentation

As we progress as a company that is intimate with government legislation and corporate requirements, we will keep you updated as and when things change

Jonathan's Bio

Summary

FORM-A-CO (GIBRALTAR) LIMITED was founded in 1989 to conduct the business of Company Formation and administration and all ancillary services. Jonathan’s role from the outset was to serve as the firm’s Manager, creating its product line and devising its services. Since that date, Jonathan has overseen the evolution of the business as the firm’s Managing Director to incorporate Trust and Marine administration into its range of products, and steering it through the various compliance and regulatory challenges arising from the application of Financial Services Regulation in Gibraltar as from 1993, with the establishment of the Financial Services Commission itself.To this day, Jonathan’s role is to oversee the management of the firm’s Company Formation and Trust Administration services (through FORM-A-TRUST (GIBRALTAR) LIMITED), and the incorporation of small businesses in Gibraltar to service the local economy, whilst retaining executive responsibility for all compliance and regulatory led initiatives for the firm. 

Experience 
  • Over 31 years working in Gibraltar’s Financial Services industry as Managing Director of a firm which is duly licensed by the Financial Services Commission to conduct Company Management and Trust Administration services. 
  • Registered with the Supreme Court to serve as a Commissioner for Oaths in Gibraltar. 
  • Licensed by the Financial Services Commission to provide Directorship services as an approved individual. 
  • Approved by the Financial Services Commission to serve as an EIF (Experienced Investor Fund) Director. 
  • Member of the Gibraltar Advisory Board of TFO Tax Strategies Limited – a Manchester-based business dedicated to wealth management and tax planning structures.
Charle's Bio

Summary

Charles joined FORM-A-CO (GIBRALTAR) LIMITED in 2012 after 30 years in the banking sector. He was responsible for the creation and development of Trust businesses at  Lloyds TSB  Bank Plc  and at SG Hambros  Bank & Trust. 

Charles is a Director of FORM-A-CO (GIBRALTAR) LIMITED with particular responsibility for  the  Trust Administration services (through FORM-A-TRUST (GIBRALTAR) LIMITED) as well as client relationships.

Charles brings an array  of skills and experience to the business and holds appointments in listed Companies.