ARTICLE
18 December 2018

Economic Substance Legislation Tabled In Bermuda

W
Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
Continuing its ongoing commitment to the development and maintenance of the very highest standards of economic and financial propriety.
Bermuda Finance and Banking
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Continuing its ongoing commitment to the development and maintenance of the very highest standards of economic and financial propriety, the Bermuda Government has tabled legislation that embraces a global initiative to combat base erosion and profit shifting (BEPS).

The legislation, which was tabled in the House of Assembly on 7 December 2018 is entitled 'The Economic Substance Act 2018'. The Act provides a statutory framework for determining the extent to which it will be necessary for a relevant company conducting relevant activities to maintain economic substance in Bermuda.

We do not consider that structures seeking to exploit BEPS are at all prevalent in Bermuda, but Bermuda is committed as a jurisdiction to assisting the international community in the preservation of standards of fiscal propriety, wherever possible.

Walkers Bermuda has been actively involved from the outset in the development of the legislation and we will continue to work with government and our colleagues in the financial services community to ensure that the rules are clear in their meaning and proportionate in their effect.

Regulations and guidance notes are expected to be released shortly, which will contain the detail necessary for us to properly advise you of the likely impact of the draft legislation on your business. We will provide further communications and guidance at that time.

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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