Category 2 Status

Gibraltar Category 2 Residency Status

The key qualifying criteria for an individual to obtain Category 2 status are as follows: –

  • Must be of sound financial standing with a minimum net asset value of at least £2m.
  • The spouse or child of a qualifying individual may choose to benefit from the same certificate terms.
  • Must own or rent appropriate residential accommodation in Gibraltar, which has been approved by the Gibraltar Finance Centre Director and have it available for the individual and their direct families exclusive use throughout the year. Our Team can assist anyone looking for their ‘appropriate accommodation’.
  • Must not have been resident in Gibraltar during the five year immediately pressing the year of assessment. Previous residency includes 183 days in any tax year during the previous 5 years or an average of 90 days in any three of the previous 5 years.
  • Must not engage in any trade, business, or employment in Gibraltar. Exceptions include where duties are incidental to any trade, business or employment based outside Gibraltar. (this is currently under review).
  • Must possess private medical insurance for all family members relocating to Gibraltar.

It is important to note that a Category 2 Residency Status Certificate: –

  • Is granted on an indefinite basis.
  • Requires re-assessment and re-endorsement every three years from the Gibraltar Finance Centre Director.
  • Requires no minimum stay in Gibraltar, unlike the former High-Net-Worth Individual Rules 1992, if all the required conditions are maintained, residency will be retained. 

GIBRALTAR CATEGORY 2 RESIDENCY – TAX RULES

  • Applied to first £80,000 of taxable income only.
  • Minimum amount of annual tax payable is £22,000, or £1,833.33 for each complete month or part month the certificate is valid.
  • Maximum is circa £28,000 (or £2,500 per month or part month).

Important points for consideration: –

  • If, as a Category 2 Resident, there is no ‘source income’, tax payable is £22,000.
  • Spouse and family income may be included.
  • A Category 2 Resident Certificate will not shield an individual from becoming a tax resident in another country.

An application for Category 2 status see here is made to the Finance Centre Director, and if successful, a ‘Qualifying (Category 2) Individual Certificate’, under the Income Tax Act 2010: Qualifying (Category2) Individuals Rules 2004, will be issued.

Along with the application form, the Category 2 status applicant is required to submit the following:-

  • Copy of valid passport
  • Curriculum Vitae
  • Proof of financial standing
  • 2 Character references from recognised and established professionals (one of which must be from a bank and the other from a law or accountancy firm)
  • Application Fee of £1,000 (non-refundable)

For specific details regarding the above scheme

Useful contact details: –

HM Government of Gibraltar – Gibraltar Finance: +350 200 50011

Useful Links: –

https://www.gibraltarfinance.gi/private-clients/tax-residence

https://www.gibraltarlaws.gov.gi/

If you are considering becoming a Category 2 Resident of Gibraltar, we would always recommend you seek independent legal and tax advice prior to submitting your application.

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