Located less
than 300 nautical miles Southeast of Puerto Rico, in the Leeward Islands.
Its legal procedures are structured in accordance with strong democratic
principles of good governance, patterned after the British parliamentary
system. In 1982, legislation was enacted under the International Business
Corporations Act, with subsequent amendments in 1984 and 1985, to make
Antigua and Barbuda a choice jurisdiction for offshore banking. Operations
under this Act are controlled by the Ministry of Finance in Antigua.
While Antigua and Barbuda is probably best known as an up-market destination
for more discriminating tourists, its natural and developed assets have
also allowed it to emerge as an attractive offshore business centre. The
country is in a convenient time zone, sharing the same time as New York,
Toronto, Central and part of South America, and falling five hours behind
the UK and Europe in the summer and four hours in the winter which allows
international business to be transacted easily within an appropriate time
frame. Antigua's international airport is a major gateway for the Caribbean,
serving British Airways, US Air, Virgin Atlantic, American Airlines, Air
Canada, BWIA and LIAT, with direct flights from New York, Miami, Toronto
and London. Its international telecommunications are excellent, with direct
access into the global stream of financial and business data. Electronic
funds transfer is readily accomplished, providing same day value, and
securities can be placed and executed within 24 hours.
There is a prosperous English-speaking community, with a resident population
of 80,000. Its people are involved primarily in business related to the
tourism industry and in commerce. The country enjoys the highest per-capita
income in the Eastern Caribbean. First-rate professional services are
widely available, including banking, law, accounting, and management resources.
International commercial banking has been conducted on Antigua for many
years. Offshore banking is more recent, having started in 1983. Since
that time the industry has grown rapidly. Working in co-operation with
the private sector, the Government has improved Antigua's offshore company
and banking environment through the introduction of new foreign residency,
trust, and partnership legislation.
International Business Corporations Act of 1982
The prevailing offshore legislation provides for speedy formation of international
business corporations (IBCs) at very competitive charges. The formation
can be carried out by a locally registered trust company or by an accountant
or attorney. Formation can usually be completed within 24 hours and full
corporate and trust services are available to both private and corporate
investors including:
1. Registration and maintenance of corporate charters for offshore companies;
2. Reception, management, and disbursement of the assets of offshore companies;
3. Provision and maintenance of a registered office;
4. Maintenance of the company's records and statutory register;
5. Preparation of all necessary corporate returns and reports to the Director;
6. Provision of directors and officers on request;
7. Incorporation and management of offshore banks and captive insurance
companies; and
8. A full range of traditional trust services.
Some of the benefits provided to offshore companies formed under the IBC
Act include the full exemption of all direct taxes in respect of any international
trading, investment or commercial activity including withholding taxes
and stamp duties. For banking there is a 3% tax on gross income (i.e.
interest income and fees derived from the operations and investments of
the banking business minus interest expense). No minimum capital is specified
for an IBC and shares may have a nominal or no par value. The transfer
of the charter of an IBC to a foreign jurisdiction, or vice versa, is
explicitly permitted. The board of directors of a corporation may consist
of a single member. In the case of banking, trust and insurance corporations,
at least one director must be a citizen and resident of Antigua and Barbuda.
Confidentiality Provisions
The IBC Act provides criminal penalties for any disclosure of the business
affairs of customers regarding banking or trust matters. The only exception
for the disclosure of information relates to sound evidence regarding
an alleged criminal offence that is triable in Antigua (or which would
have been triable, if it has been committed in Antigua).
There are specific advantages for Canadian entities to form an IBC in
Antigua that generates an active business income, because dividends paid
out of income earned in Antigua are considered to be paid out of exempt
surplus. Antigua is one of the countries listed in the Canadian Regulation
5907 (ii) which allows this arrangement. There are no tax treaties with
European countries, except in the case of the UK and this is being updated
through negotiations.
Incorporation Procedures
Every IBC must have a registered office and a resident agent in Antigua.
This function is regularly performed by the trust company or by the professional
who performed the incorporation process. The resident agent is responsible
for paying the annual government fees and for keeping the company in good
standing. The annual government licence fee for an IBC is US$300; for
an IBC licensed to carry on international banking it is US$15,000 and
for an IBC licensed to carry on an international insurance business it
is US$10,000.
Fees charged by trust companies or professionals for incorporation and
annual maintenance will vary, but fees for the formation of an IBC without
an international banking or insurance licence start at about US$725, with
an annual maintenance fee of US$350. Thus the total cost for an IBC formation
(including the government licence fee) is typically US$975, with an annual
maintenance fee of US$600. If the applicant for an IBC wishes to have
a registered agent serve as its corporate director, an additional fee
will be charged, between US$250 and US$1,000 for each director.
Incorporation and maintenance fees for an IBC with an international banking
or insurance licence are higher and may be related to the level of required
management services. Fees for trust management services are also dependent
on the nature and value of assets and the required level of service.
Ship Registry
shippingIn 1985, Antigua enacted the Merchant Shipping Act, which further
expanded the facilities of its offshore centre. The designated port of
registry in St John's, Antigua, is under the supervision of the Registrar
of Ships, Department of Marine Services and Merchant Shipping. Registration
can also be carried out in Germany by the Commissioner of Maritime Affairs,
Department of Marine Services and Merchant Shipping, Patentbusch No. 4,
26125 Oldenburg, Germany.
The procedures for ship registration or parallel (bareboat) registration
are efficient and can be organised through several of the offshore operators.
With the submission of required documentation, the Department of Marine
Services provides quick response. The registration fees are competitive
with other jurisdictions and are transparent, with no hidden costs. No
age is set for the acceptance of ships for registration, but all ships
over 499GRT must be in class. The Department of Marine Services does not
duplicate safety inspections, but complements and controls the work of
class societies. Unlike some other registers, Antigua has no nationality
requirements for manning vessels. For more information please see the
Antigua and Barbuda international shipping register website at http://www.antiguamarine.com
Antigua and Barbuda's Financial Sector
Establishing a Financial Institution
An international banking licence to an IBC is granted at the sole discretion
of the Supervisor of Banks and Trust Corporations. The supervisor may
revoke the licence at any time if, in his opinion, the revocation is in
the public's interest. The minimum capital requirement is currently five
million US dollars or its equivalent in another major currency. However,
it is exempt from any exchange control or foreign currency levy. IBC banks
are required to appoint an auditor and to file unaudited quarterly returns
and annual audited accounts with the Supervisor of Banks and Trust Corporations.
The accounts are provided in a consolidated form.
Internet Gaming
Internet gaming facilities are deemed to be financial institutions under
the law. They are regulated by the Financial Services Regulatory Authority
(FSRC), which gives the internet gaming operators a high level of comfort
in the jurisdiction and in the ability to conduct business on a predictable
basis. It is useful to take note of the following points:
(a) A 3% tax is payable by operators on their "Net win" defined
as "the difference between the gross stakes laid and the winnings
paid out".
(b) Operators are entitled to deduct software licensing or software development
costs from (a) above, capped at no more than 40% of the Net win for all
companies provided claims for the deduction of such costs are accompanied
by documentary support evidencing the costs.
(c) Operators are entitled to deduct charge backs on credit cards for
a period up to 18 months after the original charge was made provided claims
for the deduction of such charge backs are accompanied by documentary
support evidencing the original credit and the charge back.
(d) The 3% tax on Net Win and the deductibles, as described at (a), (b)
and (c) above, are fixed until 2006, after which they will be subject
to review by the Government and the representatives of the Industry.
(e) Operators are entitled to a maximum cap of US$50,000.00 per month
on taxes and the Commissioner of Inland Revenue would have no interest
in the books of entities that pay the full cap. However, such operators
are obliged to continue to maintain financial books and records and to
provide access by the Government through its authorised agencies in the
event of the need to examine such books and records in accordance with
the laws of the State particularly the Money Laundering (Prevention) Act,
the International Business Corporations Act and the Proceeds from Crime
Act and their amendments.
(f) The maximum cap of US$50,000.00 per month on taxes and the terms and
conditions described in (e) above would remain unchanged until 2004, after
which they will be subject to review by the Government and representatives
of the Industry.
(g) Gaming Licence fees are US$75,000.00 per annum for those Operators
who maintain a primary server and operations in Antigua and Barbuda and
who pay the tax as described above.
(h) Wagering Licence fees are US$50,000.00 per annum for Operators who
maintain a primary server and operations in Antigua and Barbuda and who
pay the tax as described above.
The internet gaming industry benefits from high quality telecommunication
facilities provided by Cable and Wireless. The costs of such telecommunications
are highly competitive and are lower than in the vast majority of jurisdictions
which provide a home for internet gaming.
For more information on Antigua and
Barbuda taxes go to:
http://www.antigua-barbuda.com/finance_investment/offshore_sector.asp
Antigua
& Barbuda Offshore Banks
Antigua
& Barbuda Offshore Company Formations
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