Gibraltar
has not entered into any bilateral Mutual
Assistance Treaties. However, the 1997 EU
Directive on the Exchange of Tax Information
with Member States applies to Gibraltar.
The
Criminal Justice Ordinance 1995 (implementing
EU Directive 91/308) provides inter alia for
the confiscation of the proceeds of drug-trafficking.
Neither it nor any other piece of Gibraltar
legislation deals with tax evasion.
In
the year 2000 various international organisations
issued 'offshore lists' in which Gibraltar
fared quite well:
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In
June 2000 the Gibraltar Government wrote
a 'Letter of Commitment' to the OECD's Financial
Action Task Force in which it promised to
comply with international standards of transparency
and mutual assistance.
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Gibraltar did not feature on the FATF's
blacklist of jurisdictions that were considered
to have inadequate money laundering controls.
-
It was in the middle group of the Financial
Stability Forum's "could cause instability"
list along with Bermuda and Malta.
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However, three of its offshore company
types were included in the Primarolo Committee's
list of 'harmful tax practices' in the
EU. This is perhaps the most serious of
the offshore lists for Gibraltar but it
was thought politically improbable that
the Code of Conduct Committee was going
to achieve much considering that virtually
every member state figured on the list,
mostly with quite significant low-tax
regimes.
Nonetheless,
in July, 2002, Gibraltar's Chief Minister, Peter
Caruana announced the territory's new corporate
taxation policy, with effect from July, 2003,
which would include the abolition of the existing
corporate forms which allowed zero taxation, the
Exempt and Qualifying companies.
Further
major changes to Gibraltar's corporate tax regime
were announced in Caruana's June 2007 Budget speech.
Mr
Caruana explained that:
"The
Tax Exempt Company has been the backbone of the
development and growth of both our finance centre
and the online gambling industry, and thus of
a very significant part of our economy. It continues
to underpin thousands of jobs in Gibraltar and
large amounts of Government revenue."
"In
order to comply with EU law we must phase out
the tax exempt company in 2010. However, in order
to sustain our successful economic model we must
retain a commitment to a very competitive corporate
tax model."
Since
it is no longer legally acceptable to have one
tax model for ‘local’ companies and
a different one for ‘foreign’ companies
it is necessary to have a low tax system for all
companies because
without a low tax system for overseas companies
they will leave, and our economy
will suffer hugely. Thousands of jobs would be
lost, as well as significant Government revenue.
I have therefore already said, and I reaffirm
now, that the Gibraltar Government is irrevocably
committed to the principle of ‘low tax’
for our economic operators."
"By
mid-2010 the Government will have introduced an
across the board flat, low corporate tax rate.
This will most probably be set at 10%, but in
any event not higher than 12%. This will be similar
to arrangements that already exist in Ireland,
Cyprus, Malta and other EU Countries."
"In
the intervening period, the Government will engage
in an intensive, detailed and lengthy process
of consultation with the different economic sectors."
"In
order to signal the Government’s seriousness
of purpose in this respect I am today taking the
first step in the process of reducing corporate
tax rates in Gibraltar, by 2% for the year of
assessment 07/08 from 35% to 33%, and with effect
from the year of assessment 2008/09 by a further
3% from 33% to 30%."
"
I would also signal the intention of a further
reduction the year after that to 27%, in anticipation
of the introduction of the flat low tax rate in
2010."
In
July, 2004, it was announced that the Malta Financial
Services Authority (MFSA) and the Gibraltar Financial
Services Commission had entered into a Memorandum
of Understanding on exchange of information. The
Memorandum was signed in Malta on June 30, 2004
by MFSA Chairman Prof. J.V. Banister and Mr. Marcus
Killick, Chairman and Commissioner of Gibraltar’s
Financial Services Commission.
The MOU set out to establish “a formal basis for
co-operation, including the exchange of information
and investigative assistance in the fields of
banking, insurance, investment services and the
provision of professional trusteeship and company
management services, and the exchange of information
on supervisory practices and techniques.” During
Mr. Killick’s visit, bilateral talks were held
on how regulatory and supervisory collaboration
between the two organizations may be further enhanced,
including proposals for reciprocal visits by staff
and other means of improving mutual understanding
of the operations and supervisory techniques of
the organizations.
Also
in July, Gibraltar’s Financial Intelligence Unit
(GFIU) was formally admitted as a full member
of the Egmont Group during the Group’s Annual
Plenary session held recently in Guernsey, further
enhancing the jurisdiction’s credentials in the
fight against global money laundering activities.
The Egmont Group, which has a current total membership
of 94 countries, was established in 1995 and brings
together anti-money laundering organisations or
financial intelligence units from all over the
world. The Group aims to improve communication
and co-ordination between the various agencies.
Gibraltar first applied for membership in 1998
and whilst the GFIU was found to be fully compliant
by the Egmont Group, its application was put on
hold due to an objection from Spain to Gibraltar's
inclusion as a full and separate member of the
group. However, at a Plenary meeting of the Group
held on 23 June 2004 Gibraltar was unanimously
accorded full membership in its own right.
In
September, 2004, a Memorandum of Understanding
on exchange of information was entered into between
the UK’s Financial Services Authority (FSA) and
Gibraltar's Financial Services Commission (FSC).
The Memorandum establishes a formal basis for
co-operation, including the exchange of information
and investigation assistance.
The agreement commited both regulators to providing
full assistance within the limits of the respective
laws of the two jurisdictions, defining confidentiality
constraints and setting up procedures and liaison
points so that information requests can be handled
speedily and efficiently.