The assessment and collection of income tax is currently governed by the Income Tax Act 2010, Rules and Regulations. That act was enacted in 2010 and came into effect on 1st January 2011. Tax is charged on income accruing in or derived from Gibraltar, on the profits or gains of a company or trust from any trade, business, profession or vocation. Tax is charged on the income accruing in, derived from or received in Gibraltar (or in any other place) by an individual ordinarily resident in Gibraltar from employment or the exercise of any self-employment activities in connection with a trade, business, profession or vocation. Dividends, pensions and emoluments of office accruing in, derived from or received in any place other than Gibraltar by an ordinarily resident individual are also taxable in Gibraltar. Generally, when taxed in the country of accrual and not received in Gibraltar such income is not taxable in Gibraltar. Tax is charged on income of all individuals and companies in respect of any rents, premiums and any other interest in real property located in Gibraltar. Income arising outside Gibraltar, which although not actually received or transferred, is obtained in Gibraltar by an individual in the form of an equivalent benefit, is treated as having been received in Gibraltar.
The rate of Corporation Tax is 10%. With effect from 1st January 2011 the rate of 10% applies to all companies, except utility companies, such as electricity, fuel and water providers, and companies enjoying and abusing a dominant market position. These companies will pay a higher rate of 20%. Telecommunication companies will also to be taxed at 20% on only their telecommunication services, with other taxable income being taxed at the standard rate of 10%.
A Start-up Incentive Scheme was introduced for companies or limited partnerships starting up between the 5th July 2016 and 30 June 2017. Over the first three financial years of trading the company will be eligible for a tax credit equal to the tax due up to a maximum of £50,000 over each of the first three years. This will be subject to conditions, including employing at least five employees in the first year, as well as anti-avoidance measures to ensure it only applies to genuinely new businesses in Gibraltar.