The Isle
of Man lies
in the Irish
Sea, between
Great Britain
and Ireland
and is a
unique self-governing
kingdom;
a British
Crown dependency
which does
not belong
either to
the United
Kingdom
or the European
Union.
The legal
system is
based on
English
common law
and Manx
statute
and as such
there are
recognizable
business
types namely:
the Private
Company
Limited
by shares,
Company
Limited
by Guarantee,
Public Company
Limited
by Shares,
General
and Limited
Partnerships
and Sole
Proprietor
and Trusts.
In addition
there are
useful formations
for offshore
operations
namely:
the Exempt
Private
Company
which provides
exemption
from income
tax to a
private
company
owned by
non residents;
the International
Company,
which is
very similar
to the Exempt
Private
Company
in structure
but company
may be useful
where it
is necessary
to show
that a certain
minimum
level of
tax has
been paid
in order
to gain
relief from
taxation
in another
country.
The rates
of tax are
negotiated
with the
Manx Tax
Assessor
but will
not be less
than £1,200
with the
payment
of rates
of tax up
to 35%.
The International
Limited
Partnership,
the non
resident
Limited
Liability
Company
and the
Trust are
also vehicles
used by
the overseas
investor.
Advantages
of the Isle
OF Man Offshore
company
Formation
|
| Company
Formation
expertise |
Excellent |
| Charges |
Good |
| Secrecy |
Satisfactory |
| Banking
services |
Good |
| Legal
system |
Excellent |
Political
stability |
Good |
| Prestige |
Excellent |
|
The Isle
of Man has
strong banking,
investment
fund and
captive
insurance
sectors,
with a well-developed
advisory
and financial
infrastructure
and good
transport
links. Foreign
Investors
are attracted
by the taxation
structure;
there are
no capital
gains taxes,
turnover
tax or capital
transfer
tax, no
stamp duties
and low
rates of
income tax.
The Isle
of Man is
not a full
member of
the European
Union but
has associate
status.
This allows
Island-traders
free trade
with the
rest of
the community
but no liability
for financial
contributions
or eligibility
for EU grants.
Consequently
the Isle
of Man can
be an ideal
location
to register
a trading
company
requiring
a genuine
EU VAT number
but also
wanting
full corporate
tax exemption.
Offshore
Company
Formation
Formalities
The trading
activities
for all
offshore
entities
i.e. Exempt
companies,
International
Companies
and International
Limited
Partnerships,
are restricted
to the administration
of external
business,
or dealing
with other
exempt organisations.
The formation
requirements
for the
Exempted
and International
Companies
the most
common vehicles
are minimal;
|
- There
are
no specific
minimum
capitalization
requirements.
In most
cases,
a registration
agent
will
only
issue
two
shares;
- A
local
registered
office
is a
requirement;
- Registered
shares
can
be issued
but
with
effect
from
1 April
2004,
no new
bearer
shares
may
be issued
by Isle
of Man
companies
and
the
rights
relating
to existing
bearer
shares
may
not
be exercised
until
the
shares
are
registered;
- A
minimum
of 1
shareholder
is required
which
may
be an
individual
or a
corporate
body.
Details
of the
shareholders
must
be filed
on the
public
file
but
anonymity
can
be preserved
by the
use
of nominee
shareholders;
- There
must
be at
least
two
directors
in a
Manx
company
and
directors
must
be real
people.
Exempt
and
International
companies
require
one
of the
directors
to be
Manx
resident
and
a professionally
qualified
local
secretary;
- Directors'
details
are
kept
on public
record.
Otherwise,
there
are
no other
nationality
or residence
restrictions;
- A
full
register
of members
and
charges
must
be kept
at the
registered
office
in the
Isle
of Man.
|
Trusts
Trust management,
has been
a traditional
business
for the
Isle of
Man particularly
for wealthy
UK individuals.
The Manx
law of trusts
is based
on the English
law and
all documentation
is in English
and there
are no registration
requirements.
A Manx resident
who receives
income from
a trust,
whether
Manx or
foreign,
will be
taxed on
it; however,
if income
is accumulated
in a Manx
trust with
Manx beneficiaries,
the trustee(s)
will be
assessed
on the income.
Taxation
There are
no capital
gains taxes,
turnover
tax or capital
transfer
tax, and
stamp duties
but VAT
is applied
at the same
rate as
in the United
Kingdom.
Manx residents
pay income
tax at 18%
and make
social security
contributions.
Manx income
tax for
companies
is currently
15% for
trading
companies
and 18%
for non-trading
companies.
Resident
companies
controlled
and managed
in the Isle
of Man must
pay tax
on company
worldwide
income but
Non-resident
companies
are exempt
from taxation
on foreign
income and
only liable
for tax
on income
derived
from the
Isle of
Man. Branches
of foreign
companies
are treated
for tax
purposes
as if they
were Manx
companies,
once registered,
depending
on whether
they are
resident
or non-resident.
In June
1999 the
Manx Government
imposed
a moratorium
on the formation
of new 'non-resident'
companies.
Non-resident
partners
in a Manx
partnership,
limited
partnership
or Limited
Liability
Company
are liable
for tax
only on
Manx-derived
income.
Off shore
entities
such as Exempt
Private
Companies
are only
liable for
the payment
of an annual
application
fee and
the International
Company
will be
liable to
a rate up
to 35% tax
on foreign
income.
Withholding
tax at 18%
can be deducted
from payments
made to
non-residents
in respect
of dividends,
interest,
profit shares
and directors'
remuneration.
Banking
law
The majority
of banks
in the Isle
of Man are
engaged
in providing
private
banking
services
to UK expatriates
and to foreign
nationals.
The services
offered
often extend
beyond deposit
taking to
establishing
and administering
trusts and
managing
the underlying
companies
and assets
held by
those trusts,
including
investment
management.
Employment
law
Manx industrial
relations
are regulated
by statute
with requirements
for the
issue of
written
particulars
of terms
and conditions
to all employees;
the registration
of trade
union; the
agreement
for "cooling
off periods"
before industrial
action,
and limitations
on picketing.
Applications
for unfair
dismissal
and other
employment
disputes
can be referred
to the Employment
Tribunal.
Geography,
People and
Culture
The population
was estimated
at 77,655
in July
2004. The
ethnic breakdown
is majority
Manx Norse-Celtic
descent.
The capital
city Douglas
accounts
for over
one third
of the Island's
resident
population
and over
32% of Island
households.
The Island's
climate
is temperate
and lacking
in extremes.
In winter,
snowfall
and frost
are infrequent.
English
is the first
language
of modern
Manx people
but the
'old' language
is Manx
Gaelic.
There are
no longer
any native
Manx speakers
but a growing
number of
enthusiasts
have kept
it alive
and it is
a learning
option for
all schoolchildren
over the
age of 7.
Government
departments
use English
and Manx
titles on
all official
documents,
correspondence
and vehicles
and Manx
is also
used on
town and
road signs
and increasingly
by commercial
businesses.
Immigration
and Residency
British
Citizens
and Citizens
of the Irish
Republic
do not require
passports
or entry
visas for
travel between
their respective
countries
and the
Isle of
Man. Other
EU citizens
require
only their
I.D. cards
for travel
to the Island.
Citizens
from non-EU
countries
will need
a passport
and a visa.
Legal
and Political
System
The Isle
of Man is
a parliamentary
democracy.
Queen Elizabeth II is the
constitutional
head of
state -
the Lord
of Mann
- and she
is represented
by a resident
Lieutenant
Governor
appointed
for a five
year term
(currently
Air Marshall
Ian MacFadyen).
The IOM
is not represented
in the UK
parliament
as it has
its own
parliament
- the Tynwald,
an institution
founded
by the Vikings
over a thousand
years ago.
Its Parliament
has two
branches:
the House
of Keys
and the
Legislative
Council.
The majority
of Members
sit as independents.
The Manx
legal system
is entirely
separate
from that
of the UK
and Manx
Lawyers
are known
as advocates
and the
two senior
Judges who
preside
over civil
cases in
the High
Court and
criminal
cases in
the Court
of General
Gaol Delivery
are known
as Deemsters.
English
precedents
are often
followed.
Some UK
legislation
is adopted
as such
by the Isle
of Man by
agreement
with the
British
Government.
The ultimate
court of
appeal is
the English
Privy Council.
Economy
The official
currency
is the British
pound there
is also
a Manx pound
which is
at par with
the British
pound.
Offshore
banking,
manufacturing,
and tourism
are key
sectors
of the economy.
The government's
policy of
offering
incentives
to high-technology
companies
and financial
institutions
to locate
on the island
has paid
off in expanding
employment
opportunities
in high-income
industries.
As a result,
agriculture
and fishing,
once the
mainstays
of the economy,
have declined
in their
shares of
GDP. Trade
is mostly
with the
UK. The
Isle of
Man enjoys
free access
to EU markets.
Legislation
relating
to offshore
and non-resident
business
If you require
more information
on any particular
statute
please contact
us.
Advocates
Act 1995
Banking
Act 1998
Banking
Business
Regulations
1991
Collective
Investment
Schemes
(Compensation)
Regulations
1988
Companies
Act 1931
Companies,
etc. (Amendment)
Act 2003
Corporate
Service
Providers
Act 2000
Employment
Act 1991
Financial
Supervision
Act 1988
Financial
Supervision
(Restricted
Schemes)
Regulations
1990
Income Tax
(Exempt
Companies)
Act 1984
Income Tax
(Instalment
Payments)
Act 1974
Income Tax
Act 1970
International
Business
Act 1994
Investment
Business
Act 1991
Investment
Business
Order 1991
Limited
Liability
company
Act 1996
Merchant
Shipping
(Registration)
Act 1984
On-Line
Gambling
Regulation
Act 2001
Partnership
Act 1909
Partnership
Act 1890
(UK)
Perpetuities
and Accumulations
Act 1968
Purpose
Trusts Act
1996
Recognition
of Trusts
Act 1988
Registration
of Business
Names Acts
1918 and
1954
Retirement
Benefits
Schemes
Act 2000
Retirement
Benefits
Schemes
(International
Schemes)
Regulations
2001
Trade Unions
Act 1991
Trustee
Act 1961
Trusts Act
1995
Variation
of Trusts
Act 1961
|