By Louise Mitchell
Abolition of taxation on corporations on their worldwide income (earned outside of SVG)
One of the deterrents to doing business in SVG was the fact that our income tax laws applied on an extra-territorial basis. This has now been removed for corporate taxation.
In an Act entitled the Income Tax (Amendment) Act, 2020 St. Vincent and the Grenadines removed extra-territorial taxation for companies. Prior to the coming into force of this Act on January 1, 2021, St. Vincent and the Grenadines taxed not only to income earned within the territory but worldwide. Even though, in practice, from an administrative perspective, there was little resources available to administer the collection of that tax on income earned overseas, the fact that it was legally taxable, was a disincentive to foreign investment in SVG. The removal of the extra-territoriality of our tax system, is a welcome move.
Accordingly local companies established under the Companies Act Cap 143 of the Laws of St. Vincent and the Grenadines 2009 Edition “Companies Act,” hereinafter referred to as “local companies” now no longer are subject to taxation on their worldwide income.
IBCS now become Business Companies – impact on taxation of these companies
Meanwhile the companies formerly known as international business companies, which were governed by the International Business Companies Act Cap 149 of the Laws of St. Vincent and the Grenadines, “IBCs,” were automatically continued as “business companies” as of June 30th 2021, due to the provisions of Act No 36 of 2018, entitled the Act to amend the International Business Companies Amendment Act Cap 149, enacted on 31st December 2018. This Act brought about major changes to the IBC regime in St. Vincent and the Grenadines, converting all IBCS to business companies or “BCs,” meaning that they are now subject to many of the same requirements as local companies, including paying local income tax rates, moving from the zero percent taxation that previously applied.
The only tax waiver that was preserved for BCs is that of customs tax on the importation of office furniture.
How the removal of extra-territoriality helps Business Companies earning worldwide income
Accordingly, the move to abolish the extraterritoriality of the Income Tax Act as it pertains to corporate income was a very important one for the entities that have presence in and earn income overseas (despite being registered in St. Vincent), as it means that BCs that earn their income overseas are still able to benefit from a zero tax regime. The reason for this is that they are subject to the local tax rate of 30% for their income in SVG (which is usually almost non-existent effectively meaning that they have a zero tax regime.
However, there are two caveats to this new pretty picture.
First, it is no longer the case that one can have a BC in St. Vincent and the Grenadines that does not also have a substantive physical presence here.
The Government also introduced, on January 1st 2021 the International Cooperation (Economic Substance) Act, which meant that all BCs must meet certain standards in terms of a physical and operational presence in St. Vincent and the Grenadines.
Secondly, the July 11th 2021 adoption of the Biden global tax plan means that multinational companies will pay a minimum of 15% tax wherever they operate. As such many countries around the world have agreed to adopt this as a base tax rate.
Interestingly, like Ireland, which has a tax rate of 12.5%, St. Vincent and the Grenadines has objected to the imposition of the global minimum tax rate, presumably under the claim of tax sovereignty. Ireland, which presently hosts multinational companies like Apple, Google and Facebook may lose these companies to America if it raises its taxes to 15% as there would no longer be the tax incentive to do business in Ireland.
What the adoption of the global minimal tax rate of 15% means, is that for the 130 countries that have adopted this rate, if any of our BCs do business in those jurisdictions, while we may not tax them from SVG on an extra-territorial basis, they will have to pay tax in those jurisdictions where they operate.
Economic Substance Test
The Economic Substance Act, enacted on January 1, 2021, which applies to BCs and some local companies, require that the company must have a physical presence within the State of St. Vincent and the Grenadines. Among the requirements is the need to do the following:
Importantly however, it does not apply to all businesses, but only to ‘geographically mobile businesses’, 9 categories to be exact. It only applies to businesses operating in the following relevant activities: banking business, insurance business, fund management business, finance and leasing business, holding entity business, distribution and service center business, headquarters business, intellectual property holding business and shipping business, for which the numbers are on the relatively low side in our jurisdiction, save for shipping business. Many domestic companies involved in relevant activities would already be satisfying materially or otherwise, economic substance requirements. Trusts and the Trusts Act are excluded from the economic substance requirements.
Also, a purely local company is excluded from the economic substance test, namely companies which are at least 60% locally owned.
Companies that are required to meet the economic substance test must do the following:
- be directed and managed in St. Vincent
- have adequate and qualified employees who are physically present in SVG
- have adequate level of operating expenditure in SVG
- have a physical presence in SVG proportionate to its activity (eg offices)
- conducts core income generating activity in SVG
While the FSA has not issued guidelines as yet on economic substances, in other countries with similar economic substance laws, a pure property owning company was not deemed to be a ‘relevant business.’ It is expected that the same will apply in SVG.
Further analysis will be given upon the issuance of the guidelines on the Economic Substance Act.
Shipping
Regarding the international shipping business where the numbers of Business Companies that engage in relevant business is higher than other areas, SVG is considering allowing the option of paying a tonnage tax as an alternative to the corporate income tax. Also, a SVG shipping company would be treated as satisfying the economic substance requirements once it operates the ship in international traffic, including crew management, ship maintenance, overseeing voyages and related activities.
Other Tax Benefits
Other tax benefits to doing business in SVG are: There is no capital gains tax, there is no inheritance tax on land (this makes it a great place to buy a second home), there is no taxation of dividends.