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Gibraltar offers new 10% flat rate corporate tax rate

International Tax Review posted at http://www.internationaltaxreview.com

June 18, 2009

Gibraltar has used a European Court of Justice ruling to establish a new 10% flat corporate tax rate for domestic and international companies.

The new rate will be introduced on July 1 2010 following the ruling late last year which stated that Gibraltar could set its own tax rates despite being a UK territory.

Gibraltar previously had a 30% rate for corporations located there, although the majority took advantage of the tax system and paid an effective rate of 0%.

The new Gibraltar corporate tax rate forms part of a wider reform to the country's tax system which includes the introduction of three taxes applicable to all companies in Gibraltar: the registration fee, payroll tax and a business property occupation tax, with a cap on liability to payroll tax and business property occupation tax of 15% of profits.

The European Commission vetoed these reforms in 2004, but an appeal was lodged and the ECJ granted Gibraltar power over determining tax rates.

The new rate is expected to enhance Gibraltar's status within the international community after it was targeted for its low tax status. In April, Gibraltar was placed on the OECD grey list of jurisdictions that had agreed to the OECD exchange of information standard, but had failed to fully implement it.

So far, Gibraltar has only signed one tax information exchange agreement (TIEA), with the US. However, it is expected that it will soon sign similar agreements with the UK and France.

A consultation document on the reforms had been expected to be released next month, but this has been pushed back to September.

 

 

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