Non-Resident Gibraltar Companies
The Gibraltar non-resident company is the simplest and best type of all offshore corporate entities available in Gibraltar.
A Gibraltar non-resident company only pays a small fee to the Registrar of Companies at the time of filing of the Annual Return. Quite often the non-resident company is directed by the beneficial owners themselves, or by non resident third-party directors appointed by the owners. The non-resident company will still need to maintain a Registered Office in Gibraltar and to have a Resident Secretary.
A Gibraltar non-resident company has to satisfy the following criteria:
- The company must be owned by persons who are not resident in Gibraltar.
- The company must be controlled (directed) by persons who are not resident in Gibraltar.
- The company may not trade or carry on business in Gibraltar with residents of Gibraltar. It may however trade with other exempt or qualifying companies or non-resident persons.
- The company must maintain its Company Register, Registered Office and Resident Secretary in Gibraltar.
- The company must not remit income to Gibraltar including any operations with any Gibraltar banks.
The last requirement effectively means that in order to maintain its no-tax status a Gibraltar non-resident company should not hold any bank accounts in a Gibraltar-situated bank. This simply means that the non-resident company would usually operate its bank accounts in another country. Often it would be just a different offshore jurisdiction - like Isle of Man, for example. It may also be practical to open the offshore bank account in a country situated closer to the place of the actual business of the company - or to the actual location of its beneficial owners.
If the above four criteria are satisfied, a Gibraltar company will be considered non-resident. As such, it will not fall under the Gibraltar tax system by definition and will not be required to register for Gibraltar taxation purposes. This also means that, unlike the tax-exempt company, the non-resident company can in no circumstances be considered as a Gibraltar taxpayer.
| Factor | Description |
|---|---|
| Tax in Gibraltar | Not taxable if has non-resident company characteristics |
| Currency of capital | Any, usually £ or US$ |
| Standard authorised capital | £2000 |
| Net time to incorporate | 5 days |
| Shelf companies available | Yes |
| Resident directors | Not required |
| Corporate directors | Permitted |
| Resident secretary | Required (we can organise this) |
| Minimum number of directors | One |
| Minimum number of shareholders | One |
| Public register of shares | Yes, can be nominees |
| Disclosure of beneficial owners | No |
| Filing of accounts | In most cases abridged, non-audited. |
| Audited accounts | Only for public and large companies |
| Exchange controls | None |
| Double tax treaties | None |


