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Madeira is a piece of the portoghese
territory so as
sanctioned from
the establishment,
in force on 1976. |
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A low aliquot of
value added
tax Vat (VAT)
has made the island of Madeira an extremeliest attractive
jurisdiction from the social point of view, in particular for all
the companies of services, that sell software to the UE residents
means Internet. Later on the introduction of a special European
directive, that obligates to subject the Vat of these sales, a
remarkable number of companies, included the big European Internet
providers, have already placed their offices to Madeira. |
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The
usefulness
to transfer the companies branches
consists of the fact that in accordance the articles of the cited
directive, the company must pay the VAT of the
takings
achieved from the natural and juridical
persons, that are European Union residents according to a current
tax in the
registrated
country. That has automatically lead to the fact, that the
companies that operating in the Internet field, have begun to
search the disposed territory on the European Union area, with the
lowest Vat tax. In Madeira the tax is only 13%. |
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THE
OFF-SHORE COMPANIES FROM MADEIRA |
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The companies are disciplined from
the Portuguese trade right said code of companies on 1986. |
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The main types of usable companies to the ends of
offshore operations are the Sociedade por Quotas - Limitada (Lda)
and the
Sociedade Anónima (SA),
comparable to the Srl and the Spa. In 1993, the Portuguese
legislation introduced the possibility for a Lda or a SA to being
possessed from a single natural person, fixing the so-called "Sociedade
Unipessoal".
This type
of company previews also the SGPS that of fact their holdings are
possessed of a single person, but with a very specify legal
identity (Sociedade Gestora de Participacoes Sociais). However,
all the companies of Madeira are tax-free on the outside and the
inside profits that come of the foreign country and from outside
of the Portugal until 1 December 2011. The SPGS only have a
minimal taxation on the coming from dividends from the UE that
only previews an aliquot of 1,7%. |
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The law previews the existence of
society to totally limitless responsibility, society to partially
limitless responsibility and limited liability partnership.The
limited liability partnership is more used. |
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There are two types of limited
liability:
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The foreign societies can moreover
operate through one filial. |
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LIMITADA |
The society can be constituted with
one or more shareholders (Company or individually). Understood
them the social minimum is of 1'995.19 (four hundred thousand of
escudos). They can be one or more directors. |
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Sociedade Anónima
S.A. |
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A limited company of Madeira can be
constituted with a single shareholder. In this case the shares
must be registered shares. The minimum capital of the company is
Euro 2'493.99 (five hundred thousend of escudos). |
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BRANCHS |
The society branchs offices those
already exist can be registered in order to operate in the
International Business Centre without a minimum capital and it
need only the license and a registration. |
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TAXATION |
The societies are free from taxation
on the yield produced until 31 December 2011. The shareholders are
free from personal taxation or deduction on the dividends and the
profits not distributed. |
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TRUSTS |
The Madeira Business Centre has a
law on the trust. Decree-law 352-A/88 October. |
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The trust companies, the trust and
the beneficiaries are not subordinated to a taxation in those of
Madeira. |
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DISCRETION AND SECRECY |
The Portugal has a law on the bank
secrecy that previews penal endorsements in case of violation of
the obligation in it contained. In the same way the names of the
field of the beneficiaries, they cannot be reveals. |
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COSTS |
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SUMMARY OF FEES SCHEDULE (LDA COMPANY) - STANDARD COSTS
INITIAL FUNDS REQUIRED – FIRST YEAR
FIXED COSTS
Fees |
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Incorporation fees (one off
cost including disbursements)* |
€ |
3,500.00 |
Licence application fee (one-off
cost) |
€ |
500.00 |
Representation fees (pro-rata
in first year) |
€ |
850.00 |
Sub-Total |
€ |
4,850.00 |
VAT @ 13% (If Invoiced to the
Madeira company) |
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455.00 |
Initial licence fee for
current and prior years (estimate)** |
€ |
4,000.00 |
Total Incorporation Costs (estimate) |
€ |
9,305.00 |
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* Value Added Tax (*) |
Value added
tax at the rate of 13% must be added to all costs marked
with a * when the fees are invoiced directly to a company
registered in Madeira. |
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** Licence Fee - initial and
prior years |
Where the
original licence was issued prior to 31 December 2000 but
the company was not incorporated until after 11 December
2002, the company will be charged an annual licence fee from
the date of issue of the licence. In the example shown above,
we have assumed the licence was issued at the end of 2000
and the company was formed in 2004. The exact amount will be
depend on the date of the issue of the licence. |
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Other Fixed
Costs (if applicable) |
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Directors fees – per
annum (total for any number of local directors) |
€ 2,000.00 |
2 x Nominee shareholders
fees (€ 300 per nominee, per annum) |
€ 600.00 |
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If local
directors are appointed the fee in the first year will be on
a pro-rata basis. The nominee shareholders fee is a fixed
amount per annum and is not charged on a pro-rata basis. |
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If directors
are appointed who are not resident in Portugal, they need to
prove they are paying social security in another country,
usually by providing evidence with Form E101 or E104 in EU
countries (including Switzerland). Otherwise they will have
to pay social security contributions in Portugal which will
cost approximately € 1,500 per director per annum. |
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VARIABLE
COSTS |
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From the
time that a company is acquired, variable costs will be
charged on a time incurred basis in respect of the following
services (where applicable):
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The submission of the quarterly VAT Returns, accounting and
tax compliance work.
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Work of a legal nature and other related services.
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Administration, secretarial and other services.
Variable costs are invoiced on a quarterly
basis in arrears. An estimate of the cost of undertaking
certain transactions is shown on the following page. |
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SUMMARY OF
ESTIMATED VARIABLE COSTS |
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Set out below
are estimated costs charged by Dixcart for undertaking
various transactions. |
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Changes to
the Company – Legal Work (*) |
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Change of directors |
€ |
600.00 |
Registration of Foreign
Directors for Social Security in Portugal per director |
€ |
200.00 |
Change of quota holders
(minimum charge for Public Deed) |
€ |
1,100.00 |
Increase in share
capital in cash |
€ |
1,300.00 |
Change of name |
€ |
1,300.00 |
Issue of Power of
Attorney |
€ |
600.00 |
Issue of Certificate of
Good Standing |
€ |
150.00 |
Change of representative
office |
€ |
500.00 |
Basic change to Articles
of Association |
€ |
1,300.00 |
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Other
Related Services (*) |
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Issue of fiscal
residence certificate |
€ |
450.00 |
Opening of local bank
account |
€ |
450.00 |
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Accounting
Work |
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The average
charge-out rate for accounting work is approximately € 60
per hour. |
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Administration, Secretarial and other Services |
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Where we are
requested to provide services such as the preparation of
invoices, correspondence, bank transfers and the like, these
services will be charged for on a time incurred basis and
billed quarterly in arrears. The hourly rate for these
services will vary depending on the complexity of the work
undertaken and the responsibility related thereto. |
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