• Gibraltar Non-Resident Company
• Private Company Limited by Shares
• Company Limited by Guarantee
• The Gibraltar Tax Exempt Company
• The Gibraltar 1992 Company
• Public Company Limited by Shares
• Branch of Overseas Company
• The Qualifying Company
• Protected Cell Company
• Insurance companies
• General Partnership
• Limited Partnership
• Investment Funds
• Foundations
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GIBRALTAR QUALIFYING COMPANIES
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The Company incorporated in Gibraltar or a registered branch of an overseas company is eligible to apply for Qualifying Company status subject to several conditions which are largely the same as those applying to an exempt company (see above). A Qualifying Company pays tax on its profits at a rate agreed with the Financial and Development Secretary and stated on a certificate issued to the company. A qualifying company certificate is valid for 25 years from the date of issue.
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It is usual for an offshore company which has a significant operating presence in Gibraltar in terms of staff and offices to be a Qualifying Company rather than an Exempt Company, although the rules are not necessarily applied consistently and much may depend on the initial negotiation with the local Gibraltar authorities.
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According to the legislation, a Qualifying Company pays tax at a rate (between 1% and 35%) to be agreed between the company and the authorities. This type of 'designer' tax arrangement is intended to allow a company to slide under the bar of its home tax regime by paying just the amount of tax required to escape anti-avoidance rules. In practice most Qualifying Companies nowadays agree to pay between 5% and 10% tax, and the form has perhaps become more the standard Gibraltar low-tax offshore entity for significant trading companies.
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A qualifying company must have minimum paid-up capital of G£1,000 and must deposit G£1,000 with the Accountant-General against future tax liabilities. Qualifying companies in the financial sector have to pay annual fees to the Financial Services Commission:
- Life assurance or collective investment scheme: £2,000
- Insurance broker: £3,000
- Investment manager: £3,000
- Investment adviser: £1,500
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