On 27 December 2018, the Cayman Islands published The
International Tax Co-operation (Economic Substance) Law,
20181 and The International Tax Co-operation (Economic
Substance) (Prescribed Date) Regulations, 2018 (together, the
"Initial Law").
The Initial Law was amended on 22 February 2019 by the
publication of The International Tax Co-operation (Economic
Substance) (Amendment of Schedule) Regulations, 20192
(the "Regulations" and, together with the Initial Law,
the "Economic Substance Law") and supplemented by the
issuance of the first version of the related Guidance on Economic
Substance for Geographically Mobile Activities3 (the
"Guidance").
The Economic Substance Law is responsive to global OECD Base
Erosion and Profit Shifting ("BEPS") standards regarding
geographically mobile activities. Requirements of this type are
rapidly being implemented on a level playing field basis by all
OECD-compliant 'no or only nominal tax' jurisdictions.