Location:
The Isle of Man is located in the Irish Sea at the same distance from England,
Scotland and Ireland. The island has an area of 221 square miles.
Language: English
is the official and spoken language.
Political System:
The Crown and an assembly called Tynwald, consisting of an Upper House
(the Legislative Council, the bishop of Sodor and Man, the attorney general
and the Lower House of Keys), forms the Parliament of the Isle of Man.
The government of the United Kingdom is responsible for defence and overseas
representation, and the Isle of Man pays an annual fee for this service.
Legal System:
The island has its own courts, but the law is based on English Common Law.
Most of the civil law legislation is modeled on United Kingdom Acts of
Parliament.
Advocates of the Manx Bar
have the combined role of both barristers and solicitors, and they are able to
appear in both the High and Lower Courts. The ultimate court of appeal
is the English Privy Council.
Taxation: The
Isle of Man does not have any double-taxation agreements besides a limited
treaty with the United Kingdom. Residents are taxed only on their worldwide income at a rate of 15% for the first chargeable amount and 20% after
that. There are no capital gains, wealth, inheritance or gift taxes.
Incorporation:
There are three types of companies available: Exempt companies, Non-Resident
companies and Resident companies. It is possible to incorporate companies
Limited by Shares or by Guarantee or Unlimited companies. A Private Limited
Company with a share capital is the most common. An Isle of Man company
can be incorporated within 7 working days, and ready-made companies are
available for immediate use. All Isle of Man companies are incorporated
under the 1931 Companies Act, which was last amended in 1992.
Exempt Companies: Following
are requirements for an Exempt company:
An Exempt company cannot be
owned by an Isle of Man resident or company; however, it may be owned by
other Isle of Man Exempt companies.
An Exempt company must have
its source of income outside the Island.
The company can be resident
on the island, and it is exempted from Isle of Man taxation upon the lodging
of an application for exempt status and payment of the annual fee.
A annual fee of 300 pounds has
to be paid to the Registrar of Companies.
The company must have a minimum
of two directors, who must be individuals and of any nationality. One director
has to be an Isle of Man resident.
The names and addresses of the
directors are lodged with the Registrar of Companies, and this information
is available to the public (nominees are widely used because of this).
The company secretary must be
an individual and a resident, and must be suitably qualified as a solicitor,
accountant etc.
A minimum of two shareholders
are required, who may be either individuals or corporations. However, single
member companies may be incorporated.
The first annual general meeting
must be held within 12 months of the incorporation date, and after that,
the meetings must take place no more than 12 months apart. The meetings
may take place anywhere in the world.
All Isle of Man companies must
keep a Register of Directors, Secretaries & Members at the registered
office address.
The company must file annual
returns including the directors, the company secretary, the members, the
office address and the shares taken up at the consideration paid. However,
there is no obligation to file accounts.
The share capital must have
a par value, but it can be denominated in any currency. The minimum issued
share capital is 2 pounds, but it is normal to have an authorized share
capital of 2,000 pounds, which is the maximum share capital for the minimum
duty.
An Isle of Man company can use
any name unless it includes the words Chamber of Commerce, Building Society,
Council Institute, Co-operative, Insurance, University, Reinsurance, Unit
Trust, Register and Investment Trust. These names can only be used with
the appropriate permission and licence. Names such as Europe, Euro, European,
Global, Worldwide and International require justification. All Isle of
Man Private Limited companies with a fully paid-up share capital of 100,000
pounds must end with the word Limited.
The Articles of Association
govern the internal affairs of the company. The Memorandum of Association
for a Private Limited company must include:
The name of the company and
the fact that it is a Private company
The authorized share capital
The classes of shares
Limited liability
The registered office address,
which must be in the Isle of Man
The subscriber must write the
number of shares he takes, which may not be less than one.
Since 1988, all Isle of Man companies
have the powers and privileges of an individual and that is the reason
why these companies do not have object clauses.
Non-Resident Companies:
This type of company has its central management and control exercised from
a foreign base. It will only be liable to income tax if there is any income
from Isle of Man besides bank interest.
To obtain Non-Resident status,
a Declaration of Non-Residency has to be filed with the Registrar of Companies.
A flat duty of 600 pounds has to be paid annually upon filing of the annual
return with the Registrar of Companies.
Resident Companies:
This type of company is used mainly for carrying on business in the Isle
of Man. The taxation rate is 20% on chargeable profits.
Special Features:
The Isle of Man has adopted
an industrial aid and incentive package that is considered to be one of
the most attractive in the Western world. Companies that satisfy the environmental
and financial criteria of the Manx Government are entitled to capital grants
of 40% of costs of new buildings or improvements in buildings and on new
machinery and plants. First-year operating grants of 40% of non-recurring
costs are also granted, as well as training costs of up to 50% of costs
incurred by employers and 40% of marketing costs in new ventures. Investment
grants are 40% of outlays invested to conserve energy and reduce costs,
while 40% of costs of employing consultants to advise on methods of applying
micro-processing technology or manufacturing processes are allowed.
The Isle of Man has annexed
membership of the European Community because of the Island's close relationship
with the U.K. It admits free trade in agricultural and industrial products
with E.C. countries.
The Isle of Man is not bound
by E.C. Tax Harmonisation Policies and is outside the jurisdiction of the
E.C. for financial services.
Summary: Following
are some of the advantages of selecting the Isle of Man as an offshore
center:
Excellent communications
A well-established international
banking system
Sophisticated company law
Non-Resident companies and Exempt
companies are exempted from domestic taxation
No wealth, gift, inheritance
or capital gains taxes
No disclosure of beneficial
ownership
Immediate company availability
Political, social and economic
stability
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