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When it comes to offshore company formation, two of the most reputable tax-neutral jurisdictions are the British Virgin Islands (BVI) und die Kaimaninseln. Entrepreneurs and investors frequently choose these destinations for their offshore business needs. However, each jurisdiction has distinct advantages and potential limitations, making it important to weigh them carefully.
In this article, we’ll explore the key similarities and differences between the BVI and the Cayman Islands, and help you decide which is best for your offshore company.
BVI vs Cayman Islands: At a Glance
The BVI and Cayman Islands are both well-known British Overseas Territories located in the Caribbean, celebrated as top tax havens. They offer independent legal and judicial systems, which have long attracted global investors.
The Business Landscape in the British Virgin Islands
The BVI is recognized for its political and economic stability, making it one of the most popular offshore jurisdictions in the world. In fact, the International Consortium of Investigative Journalists (ICIJ) estimates that 40% of the world’s offshore companies are incorporated in the BVI. According to the BVI Financial Services Commission (FSC), more than 374,890 Business Companies (BCs) were on the register as of September 2022.
The Cayman Islands’ Business Appeal
The Cayman Islands, a leading offshore financial hub, is especially favored for offshore investment funds. Like the BVI, it shares a legal system based on English common law. Among the most common structures is the Cayman Islands Limited Liability Company (LLC), which is frequently used for various purposes such as private equity, joint ventures, securitization, and investment funds.
Similar Benefits of the BVI and Cayman Islands
When comparing the BVI and Cayman Islands, several shared advantages emerge:
Tax Benefits
Both jurisdictions offer significant tax exemptions, including no corporate tax, capital gains tax, inheritance tax, sales tax, or VAT. Offshore companies that conduct business outside these territories are exempt from local taxes on dividends, interest, and royalties.
Corporate Flexibility
The BVI’s Business Companies (BCs) and the Cayman Islands Exempted Companies provide flexible corporate structures. Directors are not required to be residents of either jurisdiction, allowing business owners to maintain full control without the need for local directors.
Fast Registration
Company registration in both jurisdictions is streamlined, with companies typically formed within 2-3 working days.
Minimal Requirements
There is no required minimum capital for offshore companies in either jurisdiction. Additionally, neither the BVI nor the Cayman Islands mandates annual shareholder meetings or the submission of financial reports.
High Privacy Protection
Both the BVI and the Cayman Islands maintain strong privacy laws, ensuring that information about shareholders, directors, and officers is not made publicly available.
Banking Opportunities
While both jurisdictions offer access to offshore banking services, BVI companies often experience higher success rates in securing approvals for offshore bank accounts and Electronic Money Institution (EMI) accounts.
Economic Substance Regulations: A Key Consideration
Both the BVI and Cayman Islands adhere to economic substance rules, designed to ensure that companies have real economic activities within the jurisdiction, rather than functioning solely as tax vehicles.
Economic Substance in the BVI
The BVI’s economic substance regulations apply to Business Companies and Limited Partnerships (with or without legal personality). However, investment funds operating in the BVI are exempt from these requirements.
Economic Substance in the Cayman Islands
The Cayman Islands applies economic substance rules to entities registered under the Companies Law, including limited liability companies and partnerships. Domestic companies, investment funds, and non-tax-resident companies are exempt from these regulations.
Conclusion: Which Jurisdiction is Right for Your Offshore Company?
The BVI and Cayman Islands offer favorable environments for offshore business formation, but the best choice depends on your specific business objectives and needs. Careful consideration of both jurisdictions’ benefits and regulatory environments will help you make an informed decision.
If you’re still unsure or need expert guidance on setting up your offshore company, contact Fionza at marketing@fionzagroup.com for personalized assistance and support.
