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Antigua & Barbuda

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ANTIGUA AND BARBUDA

About Antigua and Barbuda

Pre-ceramic Amerindians were the first to inhabit the islands of Antigua and Barbuda in 2400 BC. Later Arawak and Carib Amerindian tribes populated the islands.

The island of Antigua was originally named Wadadli by the natives. Christopher Columbus landed on his second voyage in 1493 and gave the island the name Antigua. Early settlements by the Spanish and French were succeeded by the English who formed a colony in 1667 by transporting Irish Catholic slaves to Antigua. Slavery, established to run the sugar plantations on Antigua, was abolished in 1834.

The islands became an independent state within the Commonwealth of Nations on 1 November 1981, and Vere Bird became the first prime minister.

Politics of Antigua and Barbuda takes place in a framework of a federal parliamentary representative democratic monarchy, whereby the Prime Minister is the head of government, and of a pluriform multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the two chambers of the Parliament.

The Bicameral Parliament consists of the Senate (17-member body appointed by the governor general) and the House of Representatives (17 seats; members are elected by proportional representation to serve five-year terms).

The Head of State is the Queen, who is represented by the Governor-General. A Council of Ministers is appointed by the governor general on the advice of the prime minister. The Judicial Branch is the Eastern Caribbean Supreme Court. Antigua is also a member of the Caribbean Court of Justice.

The Supreme Court of Appeal was the British Judicial Committee of the Privy Council, up until 2001, when the nations of the Caribbean Community voted to abolish the right of appeal to the Privy Council in favour of a Caribbean Court of Justice. Some debate between member countries had repeatedly delayed the court's date of inauguration. As of March, 2005, only Barbados was set to replace the process of appeals of Her Majesty in Council with the Caribbean Court of Justice which then had come into operation

In the 1970s and 80s many of the British Dependent Territories were happy to accept applications for banking licenses with a minimum of paperwork and fuss - resulting in significant scandals and criminal activity. In reaction, the UK imposed increased standards on the territories which are now unwilling to receive applications from anybody other than existing international recognized banks. Therefore, jurisdictions such as the British Virgin Islands, the Turks and Caicos Islands, Cayman Islands, etc., are worthy of consideration mainly for major financial institutions.

Antigua, an independent Caribbean island Commonwealth member, is an exception and is currently welcoming applications for banking licenses. The licenses require a paid in capital of US$1,000,000, but no requirements regarding capital reserves or loan ratios are imposed, and the physical presence that a management company can provide is all that is needed.

Antigua therefore represents a possibility to obtain a banking license without the considerable costs which would be experienced in most other competitive jurisdictions. While capital requirements are higher than that of some of the Pacific rim Islands, but the license granted is broader.

Antigua and Barbuda
Location of Antigua and Barbuda
Capital
(largest city)
Saint John's
17°7′N 61°51′W
Official language English
Area 442 km² (198th)
171 sq mi 
Population 81,479
Currency East Caribbean Dollar
GDP (PPP) US$ 750 million (170th)
Per capita US$ 11,523 (59th)
Time zone (UTC-4)
Dialling code 1-268

ECONOMICS OF ANTIGUA AND BARBUDA

Antigua and Barbuda welcomes foreign investment and provides a hospitable environment and generous incentives to encourage such investment.

The government is keen to assure investors that their investments are secure and well protected. Therefore, Investment Protection Agreements have been signed with the Federal Republic of Germany, and with the United Kingdom.

In a world of coups and crises Antigua and Barbuda is a paradise for the businessman. It has both a pleasantly tropical climate throughout the year and a long tradition of political stability based on parliamentary democracy.

While the Government intervenes in the economy as a regulator in some instances, the private sector is the dominant force in the economy. The government and the ruling United Progressive Party (UPP) are committed to upholding the principle of free enterprise and this pledge is shared by the main political parties. Successive governments have respected the agreements and commitments made between previous administrations and investors.

No investor has ever had assets nationalised or been forced to leave the island. Under the island's constitution, property can only be nationalised in exceptional circumstances and even in such cases the country's constitution demands that fair compensation must be determined by an independent authority and must be paid promptly. This constitutional requirement is unusual in developing countries and casts Antigua and Barbuda in a very attractive light for investment.

The legal basis for Antigua and Barbuda's tax holidays for investors is codified on the Fiscal Incentives Act. The length of the 'holiday' depends on the amount of value added in Antigua and Barbuda. The definition of local value added is the amount realised from the sales of the product over a continuous period of 12 months, minus:
a) Cost of imported raw materials, components, parts of components, fuels and services;
b) Wages and salaries paid to foreign nationals;
c) Profits and dividends distributed to foreign nationals;

d) Interest, management charges and other income payments to not-residents (including companies);
e) Depreciation of imports of plant, machinery and equipment.

The government offers numerous concessions to investors, particularly if the investment is substantial. Typical concessions include:
  • Freedom from the payment of Corporate Tax on the profits arising out of the profitable operations of the company for a period of 15 years in the first instance which is eligible for renewal for a further 15 years
     
  • Waiver of all import duties on consumption tax on the importation of materials and equipment used in the operations of the company
     
  • Grant of an export allowance in the form of an extended tax holiday on the exportation of goods produced in Antigua and Barbuda;
  • The right to repatriate all capital royalties, dividends and profits free of all taxes or any other charges on foreign exchange transactions. The government allows a company to import a standby electricity generator free of all import duties and consumption taxes. All office equipment and vehicles to be used in the company's operations can be imported free of duty and consumption taxes. The government grants all work permits and the necessary residential status to all expatriates who are key to a company's operations.
Below are some of the investment opportunities and benefits:
  • English speaking.
  • Stable government.
  • Good communications.
  • Development potential.
  • Currency tied to US Dollar
  • Private sector predominates.
  • Generous incentives for economic development.
  • Good labour relations.
  • Membership in trade blocs.
  • Tourism of primary importance.
  • Growing financial services industry.
  • Tax holidays and ready repatriation of capital and profits.
  • Positive attitude of local people and businesses.
  • Preferential trade agreements.
  • Good international communications.
  • A tax holiday of 5 to 20 years is available.
  • Companies enjoy a wide variety of incentives.
  • Export-oriented businesses are eligible for tax rebates.
  • Relief from customs duties and other indirect taxes.
  • Exemption from exchange control regulations is possible.
  • Guaranteed work permits for foreign nationals.
  • Memberships of Caricom, Lome Convention, CBI, Caribcan.
  • Capital and earnings can be repatriated.
  • Hundred per cent foreign ownership is permitted.
  • A wide range of enterprises is available for investment.
  • Joint ventures with locals not essential.
  • Most goods may be freely imported.
  • Full commercial banking services from international banks.
  • Centre for offshore financial services.
  • Few restrictions are imposed on imports.
  • Customs duty exemption for new hotels and approved industries.
Business entities

A locally incorporated company in Antigua is the most common vehicle for foreign investment, and often this is the most tax-efficient method. A branch of a foreign corporation can cause tax problems in the home territory.

Capital requirements
The minimum share capital is EC$2. There is no maximum.

Founder's requirements
Two subscribers are required to form a private company; a public company requires five. Company formation is a very simple matter, requiring the drafting of a memorandum and articles of association and filing these with the Registrar of Companies. The cost is approximately EC$1,000 (US$370)

Foreign ownership/Participation in Management
Once approval for the project has been obtained, a foreigner may be a director. Employees may serve as directors at the discretion of the shareholders.

Repatriation of funds
Normally consent would be obtained from the outset. Provided any relevant taxes have been paid, Exchange Control approval will be given to remit profits in normal circumstances.

Liquidating an investment
This involves the appointment of a liquidator, who would normally be an accountant or lawyer, to wind up the co affairs. If a company owned land and a non-citizen wished to buy, an alien landholder's license would be needed.

Tax considerations
Incorporated companies pay tax at 40% of profits. Businesses that are not incorporated pay a 2% tax on gross income. Companies and businesses can deduct justifiable directors' fees and proprietors' salaries in arriving at a taxable profit. The tax advantage of the local company is that if a tax holiday is given, profits may be accumulated and not necessarily taxed in the country in which the foreign shareholders reside until distributed as dividends. This is not always the case, of course, and depends on the tax laws of the country concerned.

Professional advice
It is essential to discuss the matter in detail and in advance with the investors' own tax advisers and with local tax advisers to ensure a tax-efficient structure.

Labour relations and social security
  • All levels of staff are available locally, but skilled labour is not plentiful.
  • Employer-employee relations are simplified by the Labour Code and the Industrial Court Act.
  • Social security and medical benefit schemes are in operation, but there are no unemployment benefits.
Tax system
  • The bulk of government revenue comes from indirect taxation.
  • Resident individuals are not assessable to a personal income tax.
  • Capital gains not subject to taxation.
  • Tax incentives are available.
  • Capital gains are not subject to taxation.
  • Withholding taxes are levied on certain overseas payments, including management fees.
  • Restriction is placed on losses available for carry forward.
  • A wide range of industries qualify for tax concessions.
  • Tax holidays of up to 15 years (with five-year extension possible) are available for qualifying business.
  • Companies involved in banking pay a 3% tax on gross income. That is, interest income and fees derived from the operations and investments of the banking business minus interest expense.
  • Companies involved in internet gaming, sports books and virtual casinos pay a 3% tax on gross handle. That is, gross take-in minus payouts to clients on bets.
  • Basically, residents have their permanent place of abode in Antigua or are present in Antigua for 183 days in a year.
  • If expatriates arrive late in a tax year but are resident in the following year, they qualify as resident in the year in which they arrive. The same rule applies when they leave.



~ Books About Anguilla ~





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