The BVI Economic Substance Act, 2018
涵盖公司范围 Companies in scope
Substance requirements are expected to apply to BVI entities that are tax resident in the BVI and which conduct relevant activities.
相关实体包括 A relevant entity includes:
All BVI companies and limited partnerships with legal personality (LPs) that are tax residents of BVI. Companies that are tax resident elsewhere outside of the BVI are not in scope.
All foreign companies and limited partnerships with LPs doing business in the BVI
Relevant activities identified by the EU and more recently by the OECD include:
|² 银行业务||² Bank business|
|² 保险业务||² Insurance business|
|² 基金管理业务||² Fund management business|
|² 融资及租赁业务||² Finance and leasing business|
|² 总部业务||² Headquarter business|
|² 航运业务||² Shipping business|
|² 控股业务||² Holding business|
|² 知识产权业务||² Intellectual property business|
|² 分销和服务中心业务||² Distribution and service center business|
对您的影响 How it could affect you
Broadly speaking, if BVI companies that are BVI tax resident are conducting any of the relevant activities listed above, then substance may be required; if not, additional substance should not be required.
如需要，现有公司在 2019 年 6 月 30 日前须遵照经济实质要求，在 2019 年 6 月 30 日之后的一年内履行汇报义务。
If required, existing companies will need to comply with economic substance requirements and meet the reporting obligation within one year of 30 June 2019.
New companies must comply with the economic substance requirement immediately and are required to meet the reporting obligations within one year as of the date of incorporation or formation.
We are awaiting further guidance from the BVI as to more detailed definitions of the relevant activities and also what substance might be required.
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