Blog

Macau abolishes Offshore Companies

Nineteen years have gone by since the introduction of the Offshore companies in Macau, and it is now time to start saying goodbye to this Macau way of setting up businesses.

February 25,2019

by: Rita da Costa Andorinho

Macau has recently decided to revoke the Decree-Law no. 58/99/M of October 18th, which established the legal regime applicable to Macau Offshore Companies (“Offshores”).

In the last two decades, approximately 360 offshore companies were incorporated and licensed under Decree-Law no. 58/99/M, and will now have until 1 of January 2021 to reconsider their presence in Macau.

Offshore companies are recognized mostly for its tax exemptions deemed applicable if certain conditions are met.  In Macau, tax exempted Offshores are required to focus only on Non-Macao markets; target only Non-Macao residents as customers; and only use currencies different from the Macau Patacas when conducting business.

They are subject to a license issued by the Macao Trade and Investment Promotion Institute (“IPIM”) and annual operational fees, being the mentioned authority the one with the duty to supervise the offshore activity and apply the fines in case of infringements.

Caixa Geral de Depósitos and Banco Português de Investimento (both Portuguese Financial Institutions) acting in Macau as foreign financial institutions, were some of the first entities that decided to interrupt their presence in Macau and opted to wind-up their business even before law 15/2018, approved on December 18, entered into force.

With this, these institutions demonstrated their alignment with the European standards and recommendations of the Organization for Economic Co-operation and Development (“OECD”).

OECD has as its primary purpose fighting cross-border tax avoidance and evasion and actively promoting the improvement of fiscal transparency and tax justice, and their report on Macau, published in 2017, indicated the need to revise the Macau tax regime or otherwise they would recommend treating Macau as a tax haven.

Abolishing the offshore companies was, therefore, a measure to tackle cross-border tax evasion and a way of Macau complying with OECD standards and be de-listed from a list of tax havens by the European Union.

The existing authorisations for the 360 Offshores companies expire on January 1st, 2021, if they haven’t been revoked or canceled until such day.

Therefore, if Offshores intend to convert their business into one of the existing types of limited liability companies existing in Macau, they have 180 days from January 1st 2021 to make the necessary changes.

So, the deadline for offshores is June 30, 2021. Offshores should consult with their trusted partners as to whether it is reasonable and efficient to maintain a presence in Macau by having income taxed at a 12% tax rate. The deadline may seem far away as of now, but Offshores should start planning and take timely decisions on their future to avoid last minute hardship, and prepare for the changes ahead.

Releated Stories
June 02, 2023 -

C&C Lawyers and AllBright Qingdao Law office signed a strategic cooperation agreement!

C&C Lawyers and AllBright have reached a strategic cooperation agreement on Legal Services to strengthen the cooperation between Qingdao and Macao...

May 22, 2023 -

Dr. Nuno Sardinha da Mata presented at the Lawyers’ Day 2023 Seminar

Last Friday (19 May 2023) marked the annual Lawyers' Day organized by the Macau Lawyers Association (AAM)! We are happy to share that our very own ...

May 22, 2023 -

C&C and IPSOL in INTA 2023 Singapore!

We’re thrilled to share that C&C Lawyers and IPSOL, our esteemed sister company for intellectual property, had the privilege of being represented ...

May 17, 2023 -

Visit to the National Security Education Exhibition 2023

Led by our partners Dr. Rui Cunha, Dr. Nuno Sardinha da Mata, Dr. Lu Zhao and Director Mr. Rui Pedro Cunha, our office visited the National Security E...

May 12, 2023 -

C&C at the Pitch Roadshow for Sci-Tech Enterprises from Brazil and Portugal at the BEYOND EXPO 2023

Our Director Rui Pedro Cunha attended the Pitch Roadshow for Sci-Tech Enterprises from Brazil and Portugal at the BEYOND EXPO 2023. The event brought ...

May 12, 2023 -

C&C at the “Hengqin Global Investment Promotion Conference 2023”

Our Director Rui Pedro Cunha attended the “Hengqin Global Investment Promotion Conference 2023” that took place on May 9th, invited by the Office of t...