Are there double taxation treaties with Gibraltar?
Short answer
Yes, although the network is small. Gibraltar has a comprehensive double taxation agreement with the UK, signed on 1 October 2019, and the UK-Spain International Tax Agreement on Gibraltar, in force since 4 March 2021, deals with residence disputes and tax cooperation between Gibraltar and Spain.
Detailed answer
The UK agreement The UK and Gibraltar signed a double taxation agreement on 1 October 2019, based on the OECD Model Tax Convention, to eliminate double taxation on income and capital and prevent evasion and avoidance. The Spain agreement The International Tax Agreement between the UK and Spain regarding Gibraltar was signed on 4 March 2019 and entered into force on 4 March 2021. It mainly resolves disputes over whether individuals and companies are resident in Gibraltar or Spain, and provides for exchange of information. Unilateral relief A person ordinarily resident in Gibraltar who pays tax abroad on income also taxed in Gibraltar can claim a credit equal to the lower of the Gibraltar tax and the foreign tax on that income. Claims must be made within six years after the end of the relevant year of assessment. Proving residence for treaty purposes To claim treaty benefits you usually need to show you are tax resident in Gibraltar. The Income Tax Office issues Gibraltar Residence Certificates for a non-refundable fee of £28.50, and stamps Treaty-Based Residency Forms issued by a treaty partner's tax authority for a non-refundable fee of £96. Applications are made in writing to the Commissioner of Income Tax with supporting evidence of presence and ties.