Language: The official and spoken language is English.
Population: Tortola, the largest island, has approximately 9,000 inhabitants, and 3,000 people live on the other islands.
Political System: In 1672, Britain claimed Tortola. At the same time, Denmark asserted her sovereignty over St. Thomas and St. John, and in 1773, Denmark purchased St. Croix from France. In 1917, the United States paid $25 million for the Danish islands.
The British Virgin Islands is an internally self-governing colony with a ministerial system of government. The governor, who is appointed by the Crown, is responsible for internal security, external affairs, defence, the civil service, and the administration of the courts and finance.
There are three major parties: the Democratic Party, the Virgin Island Party and United Party. Elections are held at intervals of not more than five years.
Legal System: The legal system is based upon English Common Law. The governor appoints a local officer for the islands of Anegada, Virgin Gorda and Jost Van Dyke, but there is no system of local government. The highest court is the West Indies Associated States Supreme Court. Lower courts are the Court of Summary Jurisdiction and the Magistrate's Court.
Taxation: There are double-taxation treaties relating to residents with Japan and Switzerland as a result of the extension of the United Kingdom treaties with these countries to the British Virgin Islands. The long-existing and popular treaty with the United States was terminated as of Jan. 1, 1983. Income tax paid by persons in the participating treaty countries to British Virgin Islands residents is a maximum of 15% for dividends, normal rates for interest and no taxes for royalties.
For domestic business, a company would pay 15% tax on its chargeable income.
Incorporation: There are three types of companies available in the British Virgin Islands: the International Business Company (IBC), the CAP 243 Resident Company and the CAP 243 Non-Resident Company.
The International Business Company: An IBC can be incorporated within 48 hours, and it can be incorporated with any name, unless it includes a word indicating a connection with the royal family or government. Governmental approval is required for using words such as Bank, Trust, Assurance, Insurance or Building Society. The name may be in any language and any suffix can be used to denote limited liability: Limited, Ltd., Corporation, Corp., Incorporated, Inc., S.A., A.G., G.m.b.H., B.V. and N.V.
Requirements for incorporating an IBC are:
The directors are permitted to hold meetings in the BVI or in any other country, and there is no requirement to hold an annual general meeting. If a directors and shareholders meeting does not require the presence of the individuals at a particular venue, it may be held over the telephone.
The share capital, issued in any currency, may be of nominal or par value. The normal authorized share capital is US$ 50,000 of nominal value, because this is the maximum authorized share capital for the minimum duty of currently US$ 300. An initial and annual duty of US$ 700 is required if the authorized share capital is in excess of US$ 50,000 of nominal value.
The company is totally exempt from any form of taxation. However, it is required to pay an annual license fee of US$ 300 if the share capital is up to US$ 50,000 and US$ 1,000 if is more than that.
The CAP 243 Non-Resident Company: Until 1990, CAP 243 Non-Resident Companies were widely used for insurance business, but under the amendments to the ordinance, a licence is required.
The company must be Non-Resident for taxation purposes, if the control and management of the affairs are exercised outside the BVI. These companies pay a flat licence fee of US$ 250 to the BVI's government and an annual return filing fee of US$ 50. There must be two directors, a company secretary and a minimum of two shareholders. There is no obligation to file audited accounts.
The CAP 243 Resident Company: This type of company is used only for carrying on a business in the BVI. It would qualify for treaty relief under the current taxation treaties in effect.
Summary: Some of the advantages of selecting the British Virgin Islands as an offshore financial center are: