The International Tax Authority has now issued the final form Rules on Economic Substance, steps must now be taken by all British Virgin Islands companies, and limited partnerships with legal personality, to assess the impact of the new Economic Substance regime.
New reporting and (in some cases) economic substance requirements for British Virgin Islands 'legal entities' that conduct certain defined 'relevant activities' are now in effect, under the Economic Substance (Companies and Limited Partnerships) Act, 2018 (the "Economic Substance Act").
The International Tax Authority has now issued the final form Rules on Economic Substance, which supplement the Economic Substance Act (together the "Economic Substance regime").
Actions Now Required
Steps must now be taken by all British Virgin Islands companies, and limited partnerships with legal personality, to assess the impact of the new Economic Substance regime, in order to establish:
(a) Where the entity is 'tax resident' for the purposes of the legislation;
(b) Whether the entity is conducting one or more relevant activities (see below);
(c) The level of economic substance requirements that apply to the entity as a result (if any);
(d) How the entity can demonstrate that it is meeting the relevant requirements (where applicable);
(e) What is the entity's financial reporting period for the purposes of the legislation; and
(f) What reporting obligations will apply to the entity, and when.
What is a Relevant Activity?
By way of reminder, the Economic Substance regime applies economic substance requirements to the following categories of activity:
Banking Business
Distribution and Service Center Business
Financing and Leasing Business
Fund Management Business
Headquarters Business
Holding Business
Insurance Business
Intellectual Property Business
Shipping Business
Please click on any of the relevant activities listed above to view the relevant activity-specific update. Visit Economic Substance Solutions if you are looking for an affordable turnkey outsourcing solution to remain in compliance with the economic substance legislation so that you can get back to business as usual.
NOTE: V2 Guidance Issued Feb 10, 2020. Click here to view.