BMC Gibraltar

Gibraltar holds a unique legal and fiscal position in Europe: a British Overseas Territory on Spain’s southern border, with its own tax code, company law and financial regulatory framework, and currently in the midst of treaty negotiations that will define its relationship with the European Union for decades to come. The Rock is home to a well-established financial services industry — private banking, fund management, captive insurance — and one of the world’s largest online gaming markets, as well as a significant maritime bunkering and logistics hub. For businesses operating between Spain and Gibraltar — whether for operational reasons, corporate structuring, shareholder residency or the management of cross-border workers (the thousands of Campo de Gibraltar residents who commute daily to work on the Rock) — the tax and legal complexity is substantial and the consequences of getting it wrong are severe. Orden HAC/649/2026 (Spanish Official Gazette, 27 June 2026) removed Gibraltar from Spain’s list of non-cooperative jurisdictions, opening the article 7.p LIRPF exemption of up to 60,100 euros per year to cross-border workers who are tax resident in Spain, with effect from tax year 2027. Our international tax team has in-depth knowledge of the friction points between the Spanish and Gibraltarian legal systems, including the applicable double tax treaty provisions, permanent establishment risk, and the VAT and customs implications of moving goods and services across the border.

The proximity of our Marbella office to the Campo de Gibraltar allows us to serve both Gibraltarian businesses with interests in Spain and Spanish businesses with a presence or shareholders in Gibraltar. We advise on cross-border corporate structuring — where to locate the holding, how to position individual shareholders, and how to distribute profits across jurisdictions in a manner that is both tax-efficient and robust under scrutiny — on anti-money laundering (AML) compliance under both Gibraltar and Spanish regulatory frameworks, and on tax residency and wealth planning for high-net-worth individuals weighing a move between jurisdictions. With the outcome of the Gibraltar-EU treaty negotiations still evolving — particularly with respect to freedom of establishment, VAT harmonisation and freedom of movement for workers — there has never been a more important moment for businesses on both sides of the border to plan rigorously. From IS year 2027, Gibraltar subsidiaries qualify for the article 21 LIS participation exemption on dividends and capital gains, ending the reinforced anti-tax-haven treatment; CFC (TFI) analysis remains applicable, as Gibraltar’s corporate tax rate of 15% falls below the 18.75% threshold.

The Gibraltar representation operates by appointment, with meetings available in the Campo de Gibraltar area or by video conference. For complex matters requiring coordination with Gibraltarian or UK-based advisors, BMC acts as the Spanish-side hub, ensuring that the overall tax and corporate strategy is coherent across jurisdictions and defensible before both the Spanish Tax Authority (AEAT) and HMRC.

Related services

• International Tax
• Non-Resident Tax (IRNR)
• Company Formation
• Exit Tax — Spanish Latent Gains Tax on Departure
• Succession Planning & Family Protocol
• Gibraltar Removed from Spain’s Tax Haven List

Gibraltar office · By appointment — request online.