THE ADDRESS Magazine No.20 | Page 321

This combined with the ability to attract skilled workers drawn by the appeal of its Mediterranean location, low rates of personal taxation, proximity to the UK and the rest of Europe and the use of English language and law make Gibraltar an extremely popular choice for businesses which are considering relocating. Corporate Tax Regime A company is deemed resident if its activity is carried on in or from Gibraltar. Resident companies are taxed on income that is accrued or derived from Gibraltar and unilateral relief is given for tax suffered in a foreign country. „„ „„ „„ „„ „„ „„ „„ „„ Corporation tax is charged at 10% (utility companies and those that abuse a dominant position are taxed at 20%) Dividends are not subject to taxation There is no capital gains tax in Gibraltar Tax on royalties is limited to 10% Capital duty charged at a flat rate of £10 applicable to initial creation and subsequent increase to share capital as well as on the issue of loan capital The provision of the EU Parent Subsidiary Directive has been transposed into local laws. Foreign Tax Credit- consideration given to income subjected to tax in another jurisdiction to arrive at tax due in Gibraltar Social Security payments for employers are currently capped at a maximum of £32.97 per week. HEPSS The Government has introduced a special employment tax status known as HEPSS (High Executives Possessing Specialist Skills) as a cost saving incentive for companies recruiting senior staff. The HEPSS rules mean that tax will only be payable on the first £120,000 of income per annum under the Gross Income Based tax system which currently makes a maximum income tax charge of £29,940 irrespective of total income. This special tax treatment applies only to the Gibraltar element of a remuneration package. HEPSS is available to individuals who possess skills not available in Gibraltar and which are in the Government’s opinion necessary to promote and sustain economic activity of a particular value to Gibraltar. The HEPSS will occupy a senior position and earn in excess of £120,000 in Gibraltar. The applicant must not have been employed or resident in the previous thirty six months and must have residential accommodation for his own use and adequate for his and his family’s needs. Should the HEPSS individual change companies his approval under the scheme will be withdrawn. General Employee Taxation Gibraltar has a dual tax system where employees are able to elect between an allowance based system and a gross income based system. The gross income based system includes a rate of 6% for low earners. The rate of tax paid on the first £25,000 of income is just under 17% rising to a maximum overall rate of less than 25% with a decreasing rate thereafter for earnings in excess of £500,000. Under the allowance based system there is a reduced rate of 17%, a standard rate of 30% and a rate of 40% for earnings in excess of £16,000. Allowances not only include an amount for self and spouse (if applicable) but also mortgage interest, life and health insurance relief. 85% of people who pay tax in Gibraltar do so at an effective rate of less than 20%. www.theaddressmagazine.com 327