Labuan

Original price was: $ 2,699.00.Current price is: $ 2,490.00.

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Incorporation Details

Fee schedule
Country First year Annual fee
Labuan US$ 2,490 US$ 2,190

*** To maintain good standing, your Labuan company must pay an annual renewal fee. This fee is a flat rate and free from hidden charges.

What’s included for 2199

● Incorporation of Company
● Labuan Government Registration Fees
● Registered Office for 1 year
● Registered Agent for 1 year
● Certificate of Incorporation
● Memorandum of Association
● Register of Members
● Membership Certificates
● Lifetime support

Why Gibraltar

Labuan (Malaysia), is one of the few off-shore financial centers in Asia, has attracted many multi-national businesses and entrepreneurs all over the world by using Malaysia as the hub for their international business. One obvious key advantage of the center is the very attractive low tax regime. Labuan International Company is the simplest form in Malaysia, where foreigners can own 100%. Labuan is a”mid shore” jurisdiction that allows trading activities for both local and international trades!

  • Incorporation of Labuan International Company can be 100% foreign-owned, without a local Malaysia partner!
  • The paid-up capital of the Company can start as low as USD 1!
  • Labuan International Company can act as an Investment Holding Company for property, assets and wealth management!
  • Zero tax on Investment Holding Company structure!
  • Labuan International Company for your International Trading Business!
  • Yearly taxation on profit for Trading Company only 3%!
  • Labuan International Company is permissible to deal with local Malaysian businesses!
  • Simple structure only needs one Director and one Shareholder, both positions can be of the same person!
  • Incorporation is fast, often complete within 7 days, can be done while you are in your home country!
  • No Trade Licenses required for trading, e-commerce, import, export and consultancy businesses!
  • No Sales & Service Tax and GST for your sales transaction!
  • No Withholding Tax on Dividend, Interest, Management, Technical and Royalty fee!
  • Corporate bank account and a personal account can be opened anywhere in Malaysia in RM and in any other foreign currencies!
  • Allows you to receive your sales in your preferred foreign currency ie USD, Euro, etc!
Benefits of opening a company in Gibraltar

There are the following benefits of the Company formation in Labuan that are mentioned as follows:

  • Less or No Tax: The benefits of the Company formation in Labuan are there are no taxes paid by the offshore non-trading companies on income that is sourced outside of Malaysia. Thus, there is no tax imposed on the foreigners. Also, one more Tax benefits in Labuan is that the corporate tax rate is only 3% for other companies.
  • One Shareholder: The benefit of the Company formation in Labuan is that you can form the company with just one shareholder who can also be the sole director.
  • Low Registration Fee: You can form a small company at a very reasonable cost compared to many jurisdictions. The registration price is very affordable.
  • Confidentiality: The benefits of the company’s formation in Labuan are that directors’ names and shareholders are not part of public records.
  • Less Minimum Capital: For the Company formation in Labuan, USD 10,000 is the total minimum authorized capital.
  • International Banks: When you do the Company formation in Labuan then you will understand that there are over 100 international bank branches in Labuan. For example, JP Morgan, Bank of America, etc hold the licenses in Labuan and also have the branches in area. Foreigners can easily open the bank and brokerage accounts.
  • Ideal Location: In Company formation in Labuan, you will have access to the Asian and Middle Eastern markets as Malaysia is a Muslim country in Asia.
  • Monetary Asia Markets: In every Asian Monetary market, there is access to the Labuan brokerages at very low setup costs compared to Hong Kong or Singapore. There is a stock market in Labuan which is called the Labuan Financial Exchange (LFX) Which will also benefit you when you have a Company formation in Labuan.
  • Infrastructure of corporate: One more benefit of Company formation in Labuan is that Infrastructure is offered by the Labuan for corporations for the set-up which includes a qualified workforce.
  • Freeport: In Labuan, there are no sales tax, import or export duties, surtax, or excise taxes imposed which makes it a Freeport and that is a good reason for the Company formation in Labuan.
Types of Business Entities in Gibraltar

LABUAN INTERNATIONAL COMPANY (IBC)

An IBC is the most well-liked choice in Labuan for foreign businesses. It receives favourable tax treatment and is meant for conducting business outside of Malaysia. IBCs are exempt from local taxes and have fewer reporting requirements. They are permitted to engage in a range of activities, with the exception of commerce within Malaysia. An IBC must fulfill Labuan Substance Requirements to qualify for tax exemptions.

PRIVATE COMPANY LIMITED BY SHARES

In this common company structure, ownership shares are created. Due to a private company’s limited liability, the shareholders’ personal assets are protected from the company’s debts. A minimum number of shareholders and directors are required to be present.

PUBLIC COMPANY LIMITED BY SHARES

A public corporation limited by shares can issue its shares to the general public through a stock exchange, just like a private company limited by shares can. It is subject to more extensive regulatory limits and inspection because of its public nature.

PRIVATE COMPANY LIMITED BY GUARANTEE

This legal form is widely used for nonprofit or charitable purposes. Instead of shareholders, it has members who provide guarantees for a specific amount in the event of winding up. Profits often go back into fulfilling the objectives of the company rather than being distributed to members.

LABUAN LIMITED PARTNERSHIP

A business entity with two or more partners is known as a Labuan LP.

A Labuan LP must have a minimum of two partners, one general partner and one limited partner, and a maximum of fifty partners.

Partners may be corporations, with the exception of businesses established for the purpose of engaging in professional activity, in which case they must only be made up of natural individuals and be reinforced by professional indemnity insurance coverage provided by an insurer recognized by the Labuan Financial Services Authority.

LABUAN LIMITED LIABILITY PARTNERSHIP (LLP)

  • A Labuan LLP is a type of company made up of two or more partners that collectively run or manage a firm.
  • A Labuan LLP is an alternative corporate business structure that combines the advantages of limited liability and flexibility. It has the legal authority to make agreements and possess properties in its own name. A Labuan LLP must have two partners as a minimum.
  • A Labuan LLP allows a partner to be protected from being held accountable for partnership obligations caused by the unethical conduct of another partner or individual.
  • Members are shielded from personal liability unless they invest a certain amount in a Labuan LLP.
  • For taxation purposes, a Labuan LLP is considered a taxable entity. The partners are not required to pay taxes on distributions made from the post-tax profits.

BRANCH

A foreign corporation may establish a branch in Labuan to conduct business operations. The branch is a part of the parent company and is accountable for taxes and specific reporting requirements.

LABUAN TRUST

A Labuan trust is not a corporate organization but rather a legal arrangement in which a trustee holds and manages assets for the benefit of beneficiaries. It works as a versatile tool for wealth management, estate planning, and asset protection.

LABUAN PROTECTED CELL COMPANIES (PCC)

This can be converted from an existing LC or incorporated as an LC. It is a limited liability company with the capacity to create “cells” of legal entities possesses the capacity to hold investments or assets divided into a variety of classes to meet the various goals of many individual investors while simultaneously maintaining the independence of each cell.

Incorporation Procedure

Documents from individuals:

  • Certified True copies of passport and proof of address of the director,shareholder and beneficial owner.
  • Original or certified true copy of Bank reference for director,shareholder and beneficial owner.
  • 3 Proposed company name.

Documents from legal entities:

For corporations that are shareholders and/or directors, a copy of the latest filing of its corporate annual return with the registrar of companies or other relevant registry, Certified Original Certificate of Incorporation, Register or Notice of Directors and Shareholders. References and a notarised passport copy are also required for each shareholder and director of that corporation.

Note: Where documents are in a language other than English, a certified translation of the full document into English must be provided, with the original document.

Company Structure
  • Minimum Number of Directors: At least one director is required, who may be a natural person or a legal entity. Directors’ details are not available to the public.
  • Minimum Number of Shareholders: At least one shareholder is required,, who can be either natural or legal persons, residents or non-residents, without restrictions. Details of shareholders are not publicly disclosed.The same person can act as Director and Shareholder.
Timeline

Once we have received all the required identification documents, the company formation process will take approximately 7 working days subject to compliance review.

Taxation Policies

Tax rate
The tax rate applicable to a Labuan entity is 3% on the chargeable income from Labuan trading activities only.

This means the income from the Labuan non-trading activities (ie the holding of investments in securities, stocks, shares, loans, deposits or other properties) of a Labuan entity is not subject to tax at all.

For ease of reference, let us refer to this preferential tax treatment as the 3%+0% tax treatment.

Net profit per audited accounts for Labuan trading activities
Tax is chargeable only on the net profits as reflected in the audited accounts in respect of Labuan trading activities – ie banking, insurance, trading, management, licensing, shipping operations and any other activity (other than the holding of investments in securities, stocks, shares, loans, deposits or other properties).

Intellectual property income
With effect from 1 January 2019, any income from royalty or other income derived from an ‘intellectual property right’ by a Labuan entity shall be subject to tax under the Income Tax Act 1967, not LBATA.

An ‘intellectual property right’, whether or not registered or registrable, is defined as a right arising from any:

  • patent
  • utility innovation and discovery
  • copyright
  • trade mark and service mark
  • industrial design
  • layout design of integrated circuit
  • secret processes or formulae or knowhow
  • geographical indication and the grant of protection of a plant variety, and
  • other like rights.

This means that royalty income or other income derived by a Labuan entity from any intellectual property right will not be able to enjoy the preferential 3% tax rate or tax exemption, but will instead be subject to tax at the rates prevailing under the mainstream Income Tax Act.

As stated earlier, with effect from the year of assessment (YA) 2020, a Labuan entity carrying on a Labuan business activity but which fails to comply with the substance requirements, (ie the prescribed minimum number of full-time employees in Labuan, the prescribed minimum amount of annual operating expenditure in Labuan, or the residence requirement) for a basis period for a year of assessment shall be charged to tax at 24% upon its chargeable profits for that YA under the Labuan tax legislation.

This is a significant new development. It means that a Labuan entity will only enjoy the preferential 3%+0% treatment for a year of assessment if it fulfils the substance requirements during said year of assessment.

Another implication is that a Labuan entity may enjoy the 3%+0% treatment for a year of assessment, but it may have to bear the 24% tax for another year of assessment, depending on its fulfilment of the substance requirements.

Tax return and statutory declaration
A Labuan entity carrying on Labuan business activities which are Labuan trading activities must file an annual statutory declaration and tax return within three months from the commencement of the year of assessment – ie by 31 March of the following calendar year.

This filing deadline of 31 March applies regardless of the financial year end. For instance, a Labuan company with a financial year end on 31 January must file its tax return for YA 2020 (basis period: 1 February 2018 to 31 January 2019) by 31 March 2020. Similarly, another Labuan company with year end on 30 September must also submit its YA 2020 (basis period: 1 October 2018 to 30 September 2019) tax return by the deadline of 31 March 2020.

No more election for tax of RM20,000
With effect from 1 January 2019, the election by a Labuan entity to be charged to tax of RM20,000 instead of 3% of net profits has been removed.

This means that the capping of the annual tax liability to RM20,000 and the dispensation from the submission of the annual tax return, no longer apply.

Tax rebate
Zakat paid to a Labuan Islamic religious authority (and evidenced by a receipt) up to the amount of tax charged may be given as a rebate. No refund is available if the Zakat paid exceeds the tax charged.

Non-trading activities not chargeable to tax
A Labuan entity carrying on a Labuan business activity which is a Labuan non-trading activity is not chargeable to tax, provided it has fulfilled the substance requirements.

A statutory declaration in a prescribed form, instead of an annual tax return, is all that is required compliance-wise for a Labuan entity which carries out only non-trading activities.

Accounting and Audit Requirements

A Labuan company is required to maintain proper accounting and other records in Labuan, and those proper accounting and other records shall be kept at the registered office of the company or other places in Labuan. Such accounting and other records shall be open at all times for inspection by a director of the offshore company.

 

The financial statements must be prepared in accordance with the relevant accounting standards and regulations. The applicable financial reporting frameworks in Malaysia are namely, Malaysian Financial Reporting Standards (MFRS) or Malaysian Private Entity Reporting Standards (MPERS). All Labuan companies are required to file audited financial statements with the Labuan FSA on an annual basis.

 

The auditor will review and assess the company’s financial records, including its balance sheet, income statement, and cash flow statement, to ensure that they are accurate, complete, and comply with accounting standards and other regulations. The auditor will also assess the internal controls of the company to ensure that they are adequate to prevent fraud and errors.

Contact us for complete assistance in opening an offshore company in Labuan.

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Follow the right path with the right procedure

STEP 01

Select package and submit KYC documents

STEP 02

Sign application forms and do due diligence requirements

STEP 03

Submit the application and receive corporate documents

STEP 04

Annual registration renewal to keep business in good standing