Anguilla: asset management, corporate residency
and wealth protection for professionals
The British overseas territory Anguilla has an interesting position as a corporate haven in the global arena. The jurisdiction does not impose capital gains, estate, profit, sales and other (corporate) taxes. To amplify the state’s budget, an income tax in the form of an interim stabilization levy and property tax is imposed. Alongside its substantial and stable (offshore) financial industry, the main economic industries on the island comprise of tourism, insurance and fishing.
The company law in Anguilla is based on the International Business Companies Act, the Companies Act and the Limited Liability Companies Act. The distinction between companies with activities in Anguilla and those operating abroad results in several advantages for International Business Companies trading outside the jurisdiction. Anguilla Limited Liability Companies are mainly held by non-resident ownership and therefore qualify for a number of professional incentives.
Anguilla companies are fit for several purposes. Businesses incorporated in Anguilla are for example used as stand-alone international trading entities, to hold IP rights and other assets, or for administration and holding activities. Anguilla Limited Liability Companies hold corporate personality and therefore separate the legal entity from its shareholders and management. Yet, personal liability can be imposed on the controlling minds of the company for illegal conduct.
International businesses and entrepreneurs willing to register and incorporate in Anguilla need to retain the services of a licensed corporate service provider. Anguilla Company Formations is managed by such a licensed service provider. A growing interest in Anguilla as an offshore financial centre and a need for specialised information to incorporate International Business Companies in the jurisdiction form the basis of this website. This website is managed by Legal Floris LLC and Equation CS. Both firms have extensive experience in the offshore financial industry. The result is that we help international businesses with an efficient company formation process, combined with the incorporation of a risk averse yet legitimate and effective corporate structure.
Like most offshore companies, Anguilla companies as well can become victims of fraud. They can also lose access to their bank accounts due to failure of the financial institution and the account can be temporarily blocked because of tedious KYC and due diligence procedures of the bank. To limit the risk of losing these assets, Legal Floris LLC helps offshore companies and their beneficiaries to recover their assets in case of bank failure, investment fraud, theft and embezzlement.
Offshore companies can experience difficulties opening and maintaining bank accounts. This also applies to the Anguilla offshore companies and Limited Liability Companies. To ensure that bank account opening for an Anguilla company is fast and efficient, while the account itself is not exposed to unnecessary scrutiny, Legal Floris LLC helps with account opening and maintenance. Given the large number of recent offshore bank failures and account closures, proper preparation is recommended.
One of the advantages of running an offshore company may be that the corporate tax residency falls in the offshore jurisdiction. As a consequence several local customs and fiscal advantages allow the company to operate in a tax efficient way. Such tax efficiency applies to the company but not the individuals owning the company and receiving payments from the company. Local tax rules in the countries of residence of the receivers apply to such payments.
The tax regime in Anguilla applies to International Business Companies and other companies with an offshore status. Holding activities, like shareholdings in subsidiaries or management of IP rights, can be performed by an IBC and thus benefit from the legal and financial infrastructure in Anguilla, potentially creating tax exempt status. The corporate tax residency of the holding company allows the company to accumulate wealth in an attractive and tax friendly environment.
Incorporation in Anguilla follows a strict Know Your Customer and due diligence procedure. After initial customer verification, the company formation can start. This includes the selection of a business name, the installation of the first director of the company and the formulation of the memorandum and articles of association. Incorporation of the International Business Company is done in association with a licensed business introducer. After the incorporation, the company must be renewed annually.
It can be convenient for owners of International Business Companies (IBCs) to appoint external directors and other professionals in their companies. These directors normally reside in different countries from the beneficial owners of the companies. As such, administrative issues, like the substance and presence of the companies in the international corporate landscape, become less of a challenge. Professional directors services are offered by Equation CS to ensure a well established and secure Anguilla IBC.