Why do many international professional advisers, including the Big Accounting Firms, consider Gibraltar as a very unique jurisdiction in the European Union?
Beyond its well established position in the ranking of international financial centers, the tax situation places Gibraltar as an excellent base for international holding companies.
Over the years Gibraltar has positioned itself as a great place to do business internationally and all the European Union Financial and Tax Directives are applicable.
What not so many advisers know is that Gibraltar, under Article 227(4) of the EEC Treaty is within the European Union by virtue of being a United Kingdom territory. In this respect, Article 28 of the 1971 UK Accession Treaty relieves Gibraltar from the common customs tariff, the common agricultural policy and the harmonization of turnover taxes, in particular VAT.
The UK and Spain have traditionally maintained a sort of “stand by” position regarding the issue of Gibraltar been an independent nation. What is clear at this stage is that conversations between the two countries now include Gibraltar, in what is known as the Tripartite agreement signed in Cordoba in 2004.
What is clear to many of us is that Gibraltar is a robust jurisdiction with a well deserved place in the European and International market place. It would be advisable that during this XXI Century the issue of decolonization and independence from the United Kingdom and Spain could be finally resolved under the auspices of the United Nations