ARTICLE
7 January 2019

BVI Economic Substance Proposals

O
Ogier

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Ogier provides legal advice on BVI, Cayman, Guernsey, Irish, Jersey and Luxembourg law. Our network of locations also includes Beijing, Hong Kong, London, Shanghai, Singapore and Tokyo. Legal services for the corporate and financial sectors form the core of our business, principally in the areas of banking and finance, corporate, investment funds, dispute resolution, private equity and private wealth. We also have strong practices in the areas of employee benefits and incentives, employment law, regulatory, restructuring and corporate recovery and property. Our corporate administration business, Ogier Global, works closely with Ogier's partner-led legal teams to incorporate and administer a wide variety of vehicles, offering clients integrated legal and corporate administration services. We have the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost effective services to all our clients.
New legislation is currently being considered by the BVI Government which is expected to require in-scope entities that carry on particular activities to have economic substance within the BVI.
British Virgin Islands Finance and Banking

New legislation is currently being considered by the BVI Government which is expected to require in-scope entities that carry on particular activities to have economic substance within the BVI.

The law follows consultation with the EU Code of Conduct Group, the OECD and BVI stakeholders, and is expected to be very similar to recent laws introduced by other international financial centres such as Jersey, Guernsey, Isle of Man, Bermuda and Cayman.

It is anticipated that the new law will come into force from 1 January 2019 and will establish new substance tests for BVI tax-resident companies carrying on "relevant activities", including distribution and service centre activities, holding companies, fund management companies, financing and leasing companies and companies carrying on headquarters business.

A further update will be provided when the legislation to be introduced is made available.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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