On 13 July 2020, the Cayman Islands Tax Information Authority
(the Authority) issued long-awaited version 3.0 of
its Economic Substance for Geographically Mobile Activities
Guidance (New ES Guidance Notes). Version 2.0 had
been issued on 30 April 2019, and the period since that time
ushered in a number of amendments to the primary law to which the
guidance relates, the International Tax Co-operation (Economic
Substance) Law (2020 Revision), as amended (ES
Law). A preview of version 3.0 of the guidance had been
released to industry for consultation in November 2019, and in
large measure the New ES Guidance Notes retain most of the aspects
of that earlier consultation draft.
The New ES Guidance Notes reflect several significant
developments, with two being of particular importance: