Overview of  Mauritius Global Business Licence (GBL) Type Companies - 3% Tax on qualifying activities

Formerly known as GBC 1 Type Companies the new Mauritius GBL Companies are still resident in Mauritius and consequently subject to local tax at 15%. However, they benefit from both tax exemptions and Global Double Taxation Agreements. Correctly structured and substantively managed Mauritius GBL Companies can pay only 3% of certain exempt foreign income and may access Mauritius' network of over 37 tax treaties. Neither capital gains nor withholding taxes are levied. Consequently, Mauritius GBL companies are used by tax practitioners and businesses to structure trading and investments into Mauritius' treaty partners globally.

Mauritius GBL Companies are governed by The Companies Act, 2001 and regulated by the Mauritius Financial Services Commission. They are subject to compliance and reporting regimes similar to those of Hong Kong or UK companies.

All companies seeking to benefit from this status are granted licenses on a case by case basis by the regulatory authorities in Mauritius. This procedure demands the submission of a detailed business plan and disclosure of beneficial ownership. Normally it takes about 3-10 weeks to set up a Mauritius GBL Company.

A Global Business Licensed Company should have a local presence that could be reasonably expected from a corporation 'managed and controlled' in Mauritius. This is all part of the package we offer.

A GBL is a resident company for taxation purposes. As such, a GBL generally benefits from Mauritius' extensive double tax treaty network as well as its lower domestic corporate and withholding tax rates.

Under current law, Mauritius recognizes a GBL entity if it satisfies a number of substance requirements, such as having at least two directors resident in Mauritius, which we provide if needed, maintaining a principal bank account in Mauritius, and preparing audited financial statements in Mauritius, as well as indirectly employed staff, minimum local spend and including in the corporate constitution or bylaws a provision specifically requiring dispute resolution through arbitration in Mauritius etc.

Our package includes everything needed and more to qualify as fully Substantive here in Mauritius.

 

At a Glance
Type of entity	GBL
Type of law	Hybrid
Shelf company availability	No
Our time to establish a new company	3-10 weeks
Minimum government fees (excluding taxation)	US$1,950 to FSC US$350 to ROC
Corporate Taxation Varies	from 3% to 15% (maximum)
Double taxation treaty access	Yes
Share Capital or Equivalent
Standard currency	US$
Permitted currencies	Any except Rs
Minimum paid up	US$1
Usual authorised	US$1,000,000
Directors or Managers	2
Minimum number
Local resident directors required	2 required
Location of meetings	Anywhere, but should be held in Mauritius, by conference call and must include at least 2 directors from Mauritius
Members
Minimum number	One
Publicly accessible records	No
Location of meetings Mauritius	By proxy
Company Secretary
Required	Yes
Local or qualified	Local and qualified
Accounts
Requirement to prepare	Yes
Audit requirements	Yes
Requirement to file accounts	Yes
Publicly accessible accounts	No
Other
Requirement to file annual return	No
Change in domicile permitted	Yes

 

General Information About GBL Type Companies

Principal Corporate Legislation
The Companies Act 2001 as amended

Financial Services Act 2007 as amended.
A Company holding Global Business License is resident for tax purposes and can access Mauritius' network of double tax treaties, provided that it is correctly structured and that the seat of management and control is in Mauritius.

Procedure to Incorporate
Once name approval has been obtained, three copies of the Constitution are submitted, together with a notice of the First Directors, Secretary and location of the Registered Office, and consent forms signed by the Officers.

Restrictions on Trading
A licence is required to undertake banking or insurance business or solicit funds from the public.

Powers of Company
A company incorporated in the Republic of Mauritius has the same powers as a natural person.

Language of Legislation and Corporate Documents
The legislation is in English and French whilst documentation may be expressed in any language but must be accompanied by a certified English translation.

Registered Office Required
Yes, must be maintained in Mauritius at the address of a licensed management company or law firm.

Shelf Companies Available
No.

Time to Incorporate
Three to four weeks.

Name Restrictions
Any name that is identical or similar to an existing company or any name that suggests the patronage of the President or the Government of Mauritius.

Language of Name
English or French.

Names Requiring Consent or a Licence
The following names or their derivatives: assurance, bank, building society, Chamber of Commerce, chartered, co-operative, government, imperial, insurance, municipal, royal, state or trust or any name which in the opinion of the Registrar suggests the patronage of the President or the Government of Mauritius.

Suffixes to Denote Limited Liability
Limited, Corporation, Incorporated, Public Limited Company, Société Anonyme, Société Anonyme à Responsabilité Limitée, Sociedad Anónima, Berhad, Proprietary, Naamloze Vennootschap, Besloten Vennootschap, Aktiengesellschaft or the relevant abbreviations.

Disclosure of Beneficial Ownership to Authorities
Yes, but not public.

Usual Capital
The usual authorised share capital is US$ 1 million with all of the shares having a par value. The minimum issued share capital is one share of par value.

Classes of Shares Permitted
Registered shares, preference shares, redeemable shares and shares with or without voting rights.

Taxation
Companies pay a fixed annual licence fee of US$ 1,950 and a one-off licence application fee of US$ 500 to the Financial Services Commission. On incorporation a once-off fee of US$ 350 is payable to the Registrar of Companies for private companies. Thereafter a further US$ 350 is payable annually for private companies. Companies are resident in Mauritius for tax purposes. There is no capital gains taxation in Mauritius and there are no withholding taxes on the payment of dividends, interest or royalties from Companies. There are no stamp duties or capital taxes. Companies holding a Global Business License are liable to taxes at a rate of 0%-3% or 15% depending on the source of the income.

Tax Situation
Provided that the Company holding a Global Business License owns at least 5% of an underlying company, credit will be available on foreign tax paid on the income out of which the dividend was paid ("underlying foreign tax credit").

When a company not resident in Mauritius, which pays a dividend, has itself received a dividend from another company not resident in Mauritius (a "secondary dividend") of which it owns either directly or indirectly at least 5% of the share capital, such dividend will be allowable as a foreign tax credit and an underlying foreign tax credit will also be available. Mauritius has no thin capitalisation rules.
Interest and royalty payments paid by Companies holding a Category 1 Global Business License are fully tax deductible in Mauritius.

Double Taxation Agreements
Mauritius has an extensive double tax treaty network which includes treaties with the following countries: Belgium, Botswana, China, Croatia, Cyprus, France, Germany, India, Italy, Kuwait, Luxembourg, Madagascar, Malaysia, Mozambique, Namibia, Nepal, Oman, Pakistan, Rwanda, Singapore, South Africa, Sri Lanka, Swaziland, Sweden, Thailand, Uganda, UK and Zimbabwe.

Licence Fees
US$ 1,950 to the FSC. The Registrar of Companies Charge approximately:
• US$ 350 Private Limited Company
• US$450 Public Limited Company

Financial Statement Requirements
Audited financial statements must be filed with the Financial Services Commission.

Directors
Companies holding a Global Business Company License require a minimum of two Directors who must be natural persons resident in Mauritius in order to qualify for double taxation treaty use and substance requirements.

Company Secretary
A qualified resident company secretary must be appointed.

Minimum Shareholders
One.

Overview of  Mauritius Authorised Companies Type (AC's) - 0% Tax and a Tax ID Number.

In 2018 The Mauritius Budget brought in a number of measures to reform the current Corporate Structural Landscape. The main feature was the Introduction of an Authorised Company (AC) for which a license is required. It replaces the old GBC2 type company. AC companies are not resident for tax purposes and cannot do business within Mauritius.  AC Companies are given a Tax Identification Number from the Mauritius Revenue Authority, although no tax is charged or with held in Mauritius, the place of effective management must be outside of Mauritius. AC Companies may have a bank account in Mauritius.

AC's do not have access to Mauritius’ tax treaty network.

Beneficial ownership is disclosed to the authorities but is not publicly accessible.

At a Glance	Old GBC2 Type replacement
New Type of entity	Authorised Company (AC)
Type of law	Hybrid
Our time to establish a new company	3 - 10 weeks
Minimum government fees (excluding taxation)	TBA
Corporate Taxation	Nil
Double taxation treaty access	No
Share Capital or Equivalent
Standard currency	US$
Permitted currencies	Any except Rs
Minimum paid up	US$1
Usual authorised	US$100,000
Directors or Managers
Minimum number	1
Local required	No.
Location of meetings	Anywhere
Members
Minimum number	One
Publicly accessible records	No
Location of meetings	Anywhere
Company Secretary
Required	Optional but recommended
Local or qualified	No
Accounts
Requirement to prepare	TBA
Audit requirements	No
Requirement to file accounts	TBA
Publicly accessible accounts	No
Other
Requirement to file annual return	TBA
Change in domicile permitted	Yes