Bermuda's Economic Substance Act 2018 and Economic
Substance Regulations 2018 (and subsequent amendments) set out the
requirements that Bermuda-based entities must adopt with regard to
economic substance in the jurisdiction. Bermuda, along with all of
the major offshore jurisdictions, passed this legislation in order
to remain on the European Union's 'white list' of
cooperative jurisdictions for tax purposes. This article provides a
general overview of economic substance as it applies to shipping
entities in Bermuda.
Which shipping entities are in scope?
Entities within the scope of the legislation ('registered
entities') include exempted and local companies, permit
companies, exempted and local LLCs, and partnerships that have
elected to have separate legal personality, where those entities
are carrying on a 'relevant activity' as a business in or
from within Bermuda. Non-resident entities are out of scope; for
this purpose a non-resident entity is an entity which