Key Motivations for Using a Labuan Entity

Labuan International Business and Financial Centre (Labuan IBFC) presents a comprehensive suite of solutions, striking an ideal balance between client confidentiality and compliance with international best standards and practices. Its business-friendly environment, anchored by a simple and attractive tax system, is well-supported by a robust, modern and internationally recognised legal framework enforced by its regulator, Labuan Financial Services Authority (Labuan FSA).

Key Motivations

A Well-Regulated Jurisdiction

Labuan IBFC, regulated by Labuan FSA, has a comprehensive, modern and globally-recognised regulatory framework. The jurisdiction's adherence to international standards and best practices in financial services and prudential supervision, including protocols on anti-money laundering and exchange of information and regulatory requirements set by the Organisation of Economic Co-operation and Development (OECD), reinforces Labuan IBFC's commitment to ensuring a safe and secure business environment.

Robust and Well-Balanced Legal Framework

Labuan IBFC's comprehensive regulatory framework provides for a broad range of legal entities including companies limited by shares or by guarantee, foundations, special purpose trusts, protected cell companies, captives, limited liability partnerships and private trust companies. Businesses in Labuan IBFC are generally governed by the following eight modern Acts:

• Labuan Business Activity Tax Act 1990
• Labuan Companies Act 1990
• Labuan Trusts Act 1996
• Labuan Financial Services Authority Act 1996
• Labuan Financial Services and Securities (Amendment) Act 2022 (Act A1654)
• Labuan Islamic Financial Services and Securities (Amendment) Act 2022 (Act A1655)
• Labuan Foundations Act 2010
• Labuan Limited Partnerships and Limited Liability Partnerships Act 2010

A Tax-Efficient Jurisdiction

Labuan IBFC's simple and straightforward tax system applies to Labuan entities carrying on a Labuan business activity under the Labuan Business Activity Tax Act 1990. It has an unambiguous fiscal framework that provides an ideal ecosystem for global companies to house their international dealings and transactions.

Tax motivation: The reason Labuan, Malaysia is particularly attractive as a base is that it is entitled to use all but about 10 of Malaysia's 60 or so double tax agreements, which minimize source country tax. In the case of business profits derived without a "permanent establishment" in the source country, the rate is reduced to zero. Most tax havens have no DTAs. The other major reason is that the source of the income is irrelevant to a Labuan company.

Individuals in high tax countries are commonly taxable on their world-wide income and capital gains (e.g. Australia, UK, US, Canada, most of Western Europe). Absent specific anti-deferral rules, individuals in high tax countries could avoid home country tax on foreign source income by incorporating a company in a low tax jurisdiction. High tax countries generally have Controlled Foreign Company (CFC) provisions which prevent such deferral in relation to passive income. However, active income from carrying on a business is usually not subject to CFC provisions.

Accordingly, there is a tax motivation for residents of high tax countries to carry on an active international business from a low tax country, to achieve home country tax deferral on that foreign source income.

Not in FATF's High-Risk List

Since the 2015 assessment of Malaysia's measures to tackle money laundering and terrorist financing, the country has taken a number of actions to strengthen its framework. Today, Malaysia is compliant on 20 Recommendations and largely compliant on 18. The country remains partially compliant on 2 Recommendations.

Other Motivations

• Being part of Malaysia, sharing common time zone with major Asian cities, complementing financial centres of Hong Kong, Singapore and Shanghai
• A leading business and financial centre in Asia Pacific with growing reputation and track record
• A complete range of solutions for business and investment structures for cross border transactions, business dealings and wealth management needs
• Access to Malaysia's Double Tax Treaties (DTA) with more than 70 countries
• Investment Protection Agreement (IGA) with more than 50 countries
• No Exchange Control Regulations
• Balance of confidentiality and compliance which includes appropriate degree of confidentiality
• Tax Residency Certificate available for Labuan Entity and Individual
• Immigration regulations are liberalised for expatriates
• Availability of banking facilities
• Modern infrastructure facilities including medical, transport and telecommunications

Free Trade Agreements (FTA)

Through Malaysia, Labuan entities benefit from access to multiple Free Trade Agreements:

• ASEAN Free Trade Area (AFTA / ATIGA)
• ASEAN-China Free Trade Area (CAFTA / ACFTA)
• ASEAN-Korea Free Trade Area (KAFTA / AKFTA)
• ASEAN-Japan Comprehensive Economic Partnership (JACEP / AJCEP)
• ASEAN-India Free Trade Area (AIFTA / IAFTA)
• ASEAN-Australia-New Zealand Free Trade Area (AANZFTA)
• Malaysia-Pakistan Comprehensive Economic Partnership Agreement (MPCEPA)
• Malaysia-Japan Economic Partnership Agreement (MJEPA)
• Malaysia-New Zealand Free Trade Agreement (MNZFTA)
• Malaysia-India Comprehensive Economic Partnership Agreement (MICEPA)

Key FTA benefits

• National Treatment and MFN Treatment: Treatment no less favourable than that accorded to domestic investors and investments
• Fair and Equitable Treatment: Guarantee of "full protection and security" requiring the host government to defend investors
• Compensation for Expropriation
• Liberalisation of Service Sector and Equity
• Movement of Natural Persons
• Mutual Recognition of Qualifications and Experience

Summary: Labuan IBFC offers a unique combination of regulatory credibility, tax efficiency, access to 70+ double tax treaties, FATF compliance, and a modern legal framework. These factors make it a compelling choice for international business structuring and wealth management.

For tailored advice on this topic, contact our team.