A company will be considered resident in Gibraltar if the management and control of its business is exercised from Gibraltar or from outside Gibraltar by persons who are ordinarily tax resident in Gibraltar.
The location of central management and control will be established under legal principles laid down in the United Kingdom (UK) and is the place of the highest form of control and direction over a company's affairs, as opposed to decisions on the day-to-day running of the business.
Permanent establishment (PE)
The Gibraltar Tax Commissioner accepts the definition of PE set out in Article 5 of the Organisation for Economic Co-operation and Development (OECD) Model Convention.
Under the Gibraltar Companies Act 2014 (CA 2014), foreign companies that establish a place of business in Gibraltar or have a branch in Gibraltar must register with the Registrar within one month of commencing business in Gibraltar. Under the CA 2014, the definition of a company includes a foreign company registered in Gibraltar. The profits or gains of a foreign company registered in Gibraltar shall be assessable on the accounting period beginning whenever that company is first registered in Gibraltar.