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Economic Substance – an overview and comparison summary of requirements

31 May 2019

In response to increasing pressure from the EU and the OECD, and to avoid being placed on the EU Council’s list of non-cooperative jurisdictions for tax purposes, each of Bermuda, BVI and Cayman have introduced economic substance legislation (ES Legislation) effective 1 January 2019 to satisfy such requirements.

The ES Legislation varies slightly by jurisdiction based on differences between each jurisdiction’s economies, legal framework and understanding and interpretation of the EU and OECD’s expectations. Marbury has prepared a brief comparison and overview relating to the similarities and differences in respect of each of Bermuda, BVI and Cayman Islands for your reference.

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Economic Substance Legislation in the British Virgin Islands

31 May 2019

As part of its long standing commitment to tax transparency, the British Virgin Islands has passed legislation prescribing economic substance criteria and reporting requirements for certain tax resident entities. The Economic Substance (Companies and Limited Partnerships) Act, 2018 (the Act) came into force on 1 January 2019 and requires British Virgin Islands companies and limited partnerships that are tax resident and carrying out ‘relevant activities’ to show economic substance. The new legislation applies to existing and new BVI entities.

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