BRIS GROUP · Company Formation & Taxation
Gibraltar Company Formation FAQ
Practical guidance on Gibraltar Ltd incorporation, overseas ownership, company tax, banking and ongoing statutory obligations.
Before you begin
Frequently asked questions about Gibraltar
Gibraltar offers an established company-law framework, but it is not a blanket zero-tax or anonymous-company jurisdiction. These answers distinguish incorporation requirements from tax-source rules and compliance obligations.
Company formation in Gibraltar
What is a Gibraltar company?
A Gibraltar company is incorporated under the Companies Act 2014 and registered with Companies House Gibraltar. A private company limited by shares is a common structure for commercial and holding activities.
What types of companies can I form?
Common options include a private company limited by shares, public company, company limited by guarantee and branch of a foreign company. Special-purpose vehicles are typically structured using one of the recognised legal forms.
Who can incorporate a Gibraltar company?
Resident and non-resident individuals and corporate shareholders can generally incorporate, subject to identity verification, beneficial ownership disclosures and sector-specific restrictions.
How long does incorporation take?
Registry processing can be relatively quick after all documents are accepted. Allow additional time for name clearance, KYC, drafting, registered-office arrangements and any licensing; do not rely on a guaranteed 2–5-day end-to-end timeframe.
What documents are required?
Normally the proposed name, memorandum and articles, incorporation forms, registered-office details, director and secretary information, shareholder details, and identification and beneficial-owner documentation.
Is a resident director mandatory?
There is no universal rule that every Gibraltar private limited company must appoint a Gibraltar-resident director. Tax residence, licensing, banking and substance may make local management relevant.
Can a Gibraltar company hold overseas assets?
Yes, subject to its constitutional documents, the rules of the asset location, tax treatment and applicable financial-services regulations.
What is the minimum share capital?
A standard private company limited by shares can generally be established with a small issued capital; the exact capital structure must comply with its memorandum and articles. Do not confuse authorised capital with paid-up capital.
Is the company information confidential?
Not entirely. Gibraltar Companies House profiles can disclose registered office, share capital, shareholders, directors and secretary. Beneficial-ownership information is separately subject to statutory disclosure and access rules.
Can the company open an overseas bank account?
It can apply to banks and payment institutions, but approval is not automatic. Banks assess ownership, source of funds, commercial purpose, management and expected transactions.
What ongoing company obligations apply?
Companies generally maintain accounting records, file annual returns and required accounts, update registered particulars and comply with tax registration and return obligations. Deadlines vary by filing type.
Does the company need a local office?
A Gibraltar registered office is mandatory. A staffed operating office may be needed depending on regulated activities, licensing, genuine operations and tax considerations.
Can the company change its name or directors?
Yes, subject to required company resolutions, Companies House filings and, where relevant, updates to beneficial-ownership and tax records.
How is a Gibraltar company dissolved?
Voluntary winding-up, strike-off and other procedures have different conditions. Outstanding creditors, filings and tax liabilities must be addressed before closure.
Why establish a company in Gibraltar?
English-language company administration and a recognised legal system may suit genuine business or investment needs. Consider tax source, 15% standard corporate tax, reporting and banking before choosing it.
Taxation and ongoing compliance
Do Gibraltar companies pay local tax?
Gibraltar generally taxes profits accrued in or derived from Gibraltar. The actual source of business income and statutory deeming rules require analysis; foreign customers or an overseas bank account do not alone prove that profits are outside Gibraltar.
What is the corporate income tax rate?
The standard rate is 15% from 1 July 2024. A 20% rate applies to certain utility businesses and companies with a dominant market position as specified by law. The old 10% and 12.5% standard rates are obsolete.
Are dividends subject to withholding tax?
Gibraltar generally does not levy withholding tax on ordinary dividends paid by a company, but the tax position of Gibraltar-resident individual shareholders and recipients abroad must be assessed separately.
Are capital gains taxed?
Gibraltar generally has no broad capital gains tax. However, the distinction between a capital gain and taxable trading profit, and any applicable special rules, must be reviewed.
Must a company file tax returns and accounts?
Companies registered under the Companies Act 2014 must register for corporate tax purposes. The Income Tax Office requires corporate tax returns, with supporting accounts, even where no tax is ultimately due, subject to the applicable filing rules.
Does overseas management make a Gibraltar company non-resident?
Not automatically. Incorporation, management and control, statutory tax rules and foreign tax-residence tests must all be examined. The former “Gibraltar IBC” label is not a separate current incorporation category.
Does Gibraltar charge VAT?
Gibraltar does not operate a VAT system. Import duties, excise duties and other charges may still apply; describing every supply as free of indirect tax is incorrect.
Can a trust own a Gibraltar company?
Trust ownership may be possible but does not guarantee tax exemption, asset protection or secrecy. Beneficial ownership, trustee responsibilities and bank compliance still apply.
Is all foreign-source income exempt?
No blanket exemption can be promised. Tax applies to income accrued in or derived from Gibraltar under statutory source rules, including relevant deeming provisions. Assess the real activities and income stream.
Do transfer-pricing rules apply?
Connected-party transactions can fall within Gibraltar anti-avoidance and transfer-pricing provisions. They are not restricted simply to transactions between two locally operating companies.
Are double-taxation treaties available?
Gibraltar has specific international tax agreements and arrangements rather than the full treaty network of the United Kingdom. Relief must be checked for the precise country and income.
What payroll taxes apply?
Employment in Gibraltar can trigger PAYE and social insurance obligations. Overseas staff can create payroll or permanent-establishment duties where they work.
Are incorporation and stamp duties payable?
Companies House filing charges and professional fees apply. Gibraltar stamp duty is relevant to certain transactions, notably local real property, rather than every ordinary incorporation.
Can a company move its tax residence abroad?
Changing directors or management location is not a simple tax-residence election. Corporate-law steps, foreign residence rules, tax liabilities and possible restructuring must be analysed.
Is Gibraltar a zero-tax offshore jurisdiction?
No. The current standard corporate tax rate is 15%, with source-based rules determining which profits are taxable. International structures still require proper accounting, disclosure, substance analysis and tax compliance.
Continue your research
Further guidance
Explore the Gibraltar service page and related practical guides.
Official references: Gibraltar Income Tax Office · 2025 Corporate Tax Guidance · Companies House Gibraltar · Company Profile Guidance