The Federal Territory of Labuan is a part of Malaysia and comprises seven small islands, of which Pulau Labuan is the largest. Labuan International Business and Financial Centre (Labuan IBFC) presents a comprehensive midshore solution striking the 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).
Learn moreA Labuan Company is a company incorporated under the Labuan Companies Act 1990 (LCA). Malaysian and non-Malaysian citizens are welcome to set up Labuan companies.
It is mainly useful for cross-border businesses such as investment, consultancy, and financial market trading at a competitive tax rate of 3% (subject to compliance with substance requirements).
A Labuan Company is a company incorporated under the Labuan Companies Act 1990 (LCA). Malaysian and non-Malaysian citizens are welcome to set up Labuan companies.
It is mainly useful for cross-border businesses such as investment, consultancy, and financial market trading at a competitive tax rate of 3% (subject to compliance with substance requirements).
Labuan Company
Labuan Foreign Company
Labuan Protected Cell Company
May be a company limited by shares or by guarantee or an unlimited company.
May participate in Labuan business activities and enjoy attractive tax benefits provided under the Labuan Business Activity Tax Act 1990 (LBATA).
May carry out any business that is permitted in Malaysia in, from or through Labuan.
Would need to be licensed if it intends to undertake specific businesses as defined under the Labuan Financial Services and Securities Act 2010 or the Labuan Islamic Financial Services and Securities Act 2010, which may include the banking, insurance/insurance-related, fund management, leasing, factoring and company management businesses.
Labuan Companies may carry out business activities that are defined as a Labuan trading activity or non-trading activity, carried out in, from, or through Labuan, excluding any activity which is an offence under any written law.
There are two types of Labuan business activities.
1. Labuan trading activity that includes banking, insurance, management, licensing, shipping operations, or any other activities specified under the First Schedule of the Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulations 2021 [P.U.(A) 423/2021] (“Regulations 2021”).
2. Labuan non-trading activity which means an activity relating to the holding of investments in equity, securities, stocks, shares, loans, deposits, or any other properties situated in Labuan by a Labuan entity on its own behalf, under the Second Schedule of the Regulations 2021.
The Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulations 2021 has been gazetted on 22 November 2021 to further revise the substance requirements for Labuan entities listed in the Labuan Business Activity Tax (Requirements for Labuan Business Activity) Regulations 2018 [P.U.(A) 392/2018], which have come into operation on 1 January 2019.
In general, a Labuan company needs to demonstrate that it has substance via its functional structure such as a physical office, staff administering the daily operations of the company, business spending, and the necessary operating tools or equipment in order to evidence substance.
The following is the summary after the changes in substance requirements and tax framework:
Over the years, the promoted activities in Labuan have evolved, and at present, Labuan focuses on these core areas:
Investment holding companies for multinational structures
Financial licenses for new entries and existing market players
Fund or capital structures for business expansion and investment
Extensive fintech licenses and solutions
Complete wealth management structures for business succession and wealth preservation
Comprising a team of seasoned professionals well-versed in Labuan’s business landscape, FA Advisory Limited extends a comprehensive suite of services covering corporate services, private wealth management, and licensing compliance administration, all tailored to meet the unique needs of our clients.
At FA Advisory Limited, our expertise lies in delivering Labuan insights that facilitate business expansion, simplifying intricate processes, and offering valuable information to guide you through various facets of your journey.
Choose FA Advisory as your trusted partner in navigating the dynamic business landscape of Asia. With our commitment, we are your gateway to success in Labuan and beyond.
Email: advisory@finarkasia.com | Phone number: +6010-931 6678