In order to complement other legislation, especially that relating to the EU Parent/Subsidiary Directive and the Gibraltar 1992 Company, the Government introduced legislation designed to attract to Gibraltar executives possessing specialist skills. There are a number of criteria that both the specialist and his employer must satisfy and these are discussed below. Once these are satisfied and the requisite certificate issued, the individual will be subject to a maximum limit of Gibraltar income tax of £10,000 per annum. Worldwide income not remitted to Gibraltar will be considered to be exempt.

In order for an individual to apply for this certificate he must satisfy certain criteria, in particular the individual must:

  • possess essential skills which are not available in Gibraltar.
  • not have been employed in or from Gibraltar within the previous two years prior to the application.
  • have exclusive use of adequate accommodation in Gibraltar.

Further, in order to enable the individual to successfully apply for his certificate he must be employed by either:

a Gibraltar 1992 Company; or

a Qualifying Company operating in the duty free area of the New Harbour complex; or

a Qualifying Company which enjoys the following characteristics:

  • was incorporated after 1 January 1992;
  • has a physical presence in Gibraltar;
  • carries on a new business venture not previously in operation in Gibraltar prior to 1 January 1992.

In the three above instances the company must have commenced operations in Gibraltar at least 12 months prior to the issue of the certificate to the individual.

Once an individual is able to demonstrate that both he and the company that employs him comply with the relevant criteria as set out above, he may apply for a certificate which will be issued to the named individual for a period not exceeding five years. A non-refundable fee of £500 is payable on application for the certificate.

Coopers & Lybrand is a member of Coopers & Lybrand International, a limited liability association incorporated in Switzerland

Licensed by the Financial Services Commission No FSC00311P