Doing Business on Montserrat
Montserrat presents a compelling investment destination, underpinned by political stability, attractive tax incentives, and a well-established legal framework that safeguards investor rights. The island’s growing tourism industry offers vast potential, with investments in hotels, resorts, and eco-tourism initiatives. Its unique volcanic landscape and cultural heritage also provide a rich backdrop for creative industries, blending arts, music, and festivals into the island’s cultural identity.
Montserrat’s focus on sustainability opens opportunities in renewable energy projects, including geothermal and solar power. Additionally, fertile land and marine resources offer prospects in agriculture and fisheries, while the favourable tax regime supports offshore financial services, making Montserrat an appealing choice for investors across various sectors.
Businesses in Montserrat
Montserrat is home to several successful brands and businesses, some of whom have operated locally for decades.
Construction and Engineering | Energy and Natural Resources | Sand and Aggregate Mining and Exportation |
Galloways Construction Group | Delta Petroleum Ltd | Shamrock Industries Ltd. |
Ryan Investments | GSI | GES LLC |
Alford Dyett & Associates | RMI | Eddies Trucking Ltd. |
EDC Ltd. | Wall Trading Ltd. | |
K J Cassell Consultants Ltd. | Information, Communication and Technology | Selsi Ltd. |
Lab Works Ltd. | C&W Business | |
Lenjoy Construction | Digicel | Shipping and Logistics |
Meridian Construction | Submarine Cable Networks | Emerald Express |
Hardware | FLOW | RAM Shipping |
MSO M.S. Osborne Ltd | CARIBTRANS | |
Nigel Osborne Enterprise Ltd | DHL | |
BBC Hardware | FedEx | |
Pak YA |
Trade Treaties and Incentives
Montserrat has a number of trade treaties, reliefs, and agreements in place to help it maximise the benefits of foreign trade and investment.
Caribbean Free Trade Association (CARIFTA) | Incentives |
Caribbean Community and Common Market (CARICOM) | Incentives |
Commonwealth Caribbean Countries Tariff | Incentives |
Caribbean Basin Economic Recovery Act (CBERA) | Incentives |
EU – Overseas Countries and Territories (OCT) | Incentives |
Investor Rights Protection Mechanism
Montserrat has implemented several checks and safeguards to ensure the protection of local and foreign-owned enterprises. Some of the checks and safeguards are highlighted below:
Rules of foreign ownership | Company Registration Requirements: Under the Companies Act, foreign investors can establish or hold shares in companies in Montserrat, but they must register their businesses and comply with local regulations. Foreign-owned companies must provide the necessary documents and adhere to corporate governance rules. | |
Protections against expropriation by government of an enterprise | Montserratian Company Act 2023, guard against: | Nationalisation of an enterprise by the government and the compulsory dispossession of an investor of his/her interest in the capital of an enterprise. Acquisition of an enterprise by the government unless such an acquisition is in the best interest of the public. |
New York Convention Membership | Arbitration Act and Related Legislation 202 of the Laws of Montserrat, provides: | As a British Overseas Territory, Montserrat can benefit from the UK’s membership in the New York Convention, which applies to its overseas territories. This means that foreign arbitral awards can be recognized and enforced in Montserrat under the Convention, provided the necessary legal framework is in place.it also makes applicable the Convention on the Recognition and Enforcement of Arbitral Awards. |
Ability to remit profit and take loans | Montserrat, as part of the Eastern Caribbean Currency Union (ECCU), follows regulations set by the Eastern Caribbean Central Bank (ECCB) on foreign exchange controls. | |
Bilateral Investment Treaties | Montserrat does not directly benefit from bilateral investment treaties (BITs), as it is a British Overseas Territory. As such, Montserrat’s investment protection and international trade agreements typically fall under the UK's international agreements, including any BITs the United Kingdom has signed. |
Costs and Skills
All the costs of doing business – energy, property, water, telecommunications & data, transportation and personnel and the skills of the Montserratian workforce.
Energy costs
It is estimated that diesel fuel costs account for 50-55% of MUL’s annual operating expenses, and a 58% rise in fuel costs over the last five years has compounded the problem of diesel-fuel dependency.
Eligible customer regulation
MUL customers can pay their bills online or in person at the office located in St. John’s where cash or cheques are accepted.
Electricity usage is calculated monthly using a tier system, with domestic customers having two blocks and commercial, industrial, and streetlight customers having one block, with respective tariff rates.
Electricity Tariff
The island's limited fuel storage capacity leads to frequent deliveries, increasing costs and resulting in a fixed fuel surcharge, making electricity unaffordable for many.
Despite these challenges, Montserrat’s energy landscape holds real potential for transformation through investment in renewable energy solutions.
Land acquisition in Montserrat
The stamp duty or non-citizen landholding licence for Montserrat Real Estate is $2500 or $5%, whichever amount is greater.
Land ownership | The ownership of land in Montserrat by a non-Montserratian is governed by the Landholding Control Act (Cap. 8.02). A non-Montserratian wishing to hold land as owner, tenant or mortgagee in Montserrat is required to apply for a landholding licence. |
Assignment and transfer of title | Sale of real estate does not involve actual selling and purchasing. There is only the transfer of rights from one person to another. The seller assigns the rights to use and occupy the land to the buyer. After the transaction, the buyer applies for a new certificate under his or her name. |
Consent fee | In Montserrat, a government tax on property transactions is called the Consent Fee. Usually, it represents a portion of the sale price of the property. The type of property, its location, and other variables may affect the precise Consent Fee rate. The fee is usually calculated as a percentage of the property's sale price. The specific rate can vary, but it is typically between 1% and 5%. |
Stamp Duty | Stamp Duty is a tax imposed on the transfer of property in Montserrat. The specific rate of Stamp Duty can vary depending on the type of property, its value, and other factors. The Stamp Duty is typically paid by the buyer at the time of the property transfer. |
Confirmation of title | Confirming the title of a property in Montserrat is a crucial step before any purchase or investment. This ensures that the seller has clear ownership rights and that there are no encumbrances or legal issues affecting the property. A local attorney can help you interpret the title search results, identify any potential issues, and provide guidance on the legal aspects of the property purchase. |
Expropriation risk | Montserrat's expropriation risk is minimal due to the UK's legal framework and protection of property rights, which typically avoids arbitrary expropriations. However, it's important to note that expropriation can occur in exceptional circumstances, such as for public interest purposes, like infrastructure development or national security. In such cases, the government would typically provide fair compensation to property owners. |
Land acquisition in Montserrat: requirements and costs
The ownership of land in Montserrat by a non-Montserratian is governed by the Landholding Control Act (Cap. 8.02). A non-Montserratian wishing to hold land as owner, tenant or mortgagee in Montserrat is required to apply for a landholding licence.
The list of processes, documents and fees required to acquire land are presented below:
Service name | Cost |
The applicant must submit an application for a landholding license to the Permanent Secretary of the Ministry of Agriculture and a copy to the Registrar of Lands. An attorney-at-law may submit the application on behalf of the applicant. | N/A |
The application must clearly set out: (a) the reference number of the land (Block & Parcel Number) which is the subject of the application; (b) a brief description of the land; (c) the correct full name of the applicant; (d) the nationality of the applicant; and (e) the consideration (purchase price) of the property which is the subject of the application. | N/A |
An application will only be accepted for a whole parcel. If an applicant desires to purchase part of a parcel, he or she must ensure that the parcel is first subdivided and the part that he or she desires to purchase is given its own block and parcel number. | N/A |
The application must be supported by a legible copy of the photo page of the passport of the applicant. | N/A |
On submission of the application, the Land Registry reviews the application to ensure that all the relevant information is provided. | N/A |
If further information is required, a request for additional information is made to the applicant. | N/A |
The Land Registry prepares a Cabinet Memorandum and draft landholding license after providing sufficient information, submitting both documents to the Minister of Agriculture, Lands, Housing, and the Environment. | N/A |
The Minister submits the Cabinet Memorandum, application, and draft landholding license to Cabinet for Governor approval, following Cabinet's advice. | N/A |
The Ministry of Agriculture, Lands, Housing and the Environment reprints the approved landholding license, signed by the Governor, if no amendments or discrepancies are found. | N/A |
If there are amendments or discrepancies, these are corrected by the Ministry of Agriculture, Lands, Housing and the Environment and the draft landholding licence is re-printed on approved paper and signed by the Governor. | N/A |
Approval of the application by Cabinet usually takes 1 – 2 weeks and the landholding licence may be subject to conditions. | N/A |
The signed landholding licence is submitted to the Land Registry and an instrument number is assigned to the landholding licence. | N/A |
The Permanent Secretary of the Ministry of Agriculture, Lands, Housing and the Environment sends a letter to the applicant or their attorney-at-law confirming the approval and any required license fees. | N/A |
The applicant is required to pay the licence fee at the Treasury Department. | $2,500 or 5% of the consideration (purchase price) paid for the land, whichever of the two is greater. |
The applicant, after payment of the licence fee, submits the receipt to the Registrar of Lands as proof of payment. | N/A |
On satisfaction that the requisite licence fee has been paid, the Registrar of Lands signs the back of the landholding licence. | N/A |
The landholding licence can then be collected by the applicant or his attorney-at-law. | N/A |
Water costs
Montserrat is known for its natural spring water that is used widely across the island for a number of different uses ranging from domestic to commercial.
The primary water utility service provider in Montserrat is the Montserrat Utilities Limited (MUL). This government-owned entity is responsible for the production, distribution, and management of water resources on the island.
Access
- There are six springs namely Killiecrankie, Hope, Olveston, Quashie, Lawyers, Forgathy springs and one well that currently supply water to the four thousand and ninety-six (4096) connections to the piped water system on island.
- Montserrat now has 11 reservoirs with a combined capacity of 1,665,000 gallons of water.
Reservoirs along with their respective total capacity
Reservoirs | Capacity |
Baker Hill | 480,000 |
Devy Hill | 20,000 |
Lower Dick Hill | 100,000 |
Upper Dick Hill | 40,000 |
Friths | 60,000 |
Hope 1 | 135,000 |
Hope 2 | 400,000 |
Lawyers 2 | 150,000 |
Mars Hill | 40,000 |
Olveston | 60,000 |
St. Peters | 180,000 |
Source: Montserrat Utility Limited (2020)
Installation requirement
- Proof of ownership of the property. (Bill of sale & or certificate of title)
- Proof of identity (Passport, Driver’s License & or Social Security card).
- For corporate bodies, an application on the company’s letterhead, signed by at least one director and the company’s secretary and the company’s seal affixed thereto with the submission of a copy of the Certificate of Incorporation.
- A minimum deposit of $100 is required for water applications
Potable water Supply Tariffs by Montserrat Utilities Ltd.
Gallons per month | Household (XCD$ per 1000 gallons) | Commercial (XCD$ per 1000 gallons) |
1,000 – 2,000 | 18 | 28 |
3,000 – 4,000 | 21 | 31 |
5,000 – 6,000 | 24 | 34 |
7,000 – 8,000 | 27 | 37 |
9,000 – 10,000 | 30 | 40 |
11,000 – 12,000 | 33 | 43 |
13,000 – 14,000 | 36 | 46 |
15,000 – 16,000 | 39 | 49 |
17,000 – 18,000 | 42 | 52 |
19,000 – 20,000 | 45 | 55 |
21,000 – 22,000 | 48 | 58 |
23,000 – 24,000 | 51 | 61 |
25,000 – 26,000 | 54 | 64 |
27,000 – 28,000 | 57 | 67 |
29,000 – 30,000 | 60 | 70 |
Above 31,000 | 63 | 73 |
Source: MUL
Telecommunications (data) costs
Telecommunications in Montserrat continue to evolve with rapid technological advancements and increasing broadband penetration.
Key drivers for Montserrat broadband demand include:
- As a tourism-dependent economy, Montserrat relies on reliable broadband infrastructure for online bookings, marketing, and communication with visitors.
- The growth of e-commerce in Montserrat requires fast and reliable internet for online transactions and logistics.
- Broadband is essential for accessing online educational resources, distance learning programs, and virtual classrooms.
- The government may be implementing e-government initiatives, which require reliable broadband for online services, communication, and data management.
- Montserrat residents increasingly rely on broadband for streaming movies, TV shows, and music.
Key Industry Statistics
Total active voice subscriptions | 9,377 |
Total active 3G-5G subscriptions | 70.6% |
Smartphone adoption (2023) | 2,397 smartphone connections |
Teledensity | 100 per 110 persons |
Broadband Penetration | 54.6% |
bn | 213.6% |
Source: https://www.slideshare.net/slideshow/digital-2023-montserrat-february-2023-v01/255847457#17
Personnel costs
While the cost of personnel is role- and industry-specific, employers must stay abreast of the provisions of Montserratian Labour Law.
Average Monthly Income by Occupational Grouping (2020)
Occupational Group | Estimated Average monthly Income (EC$) |
Managers | 5,779 |
Professionals | 4,871 |
Technicians & Associate Professionals | 3,304 |
Clerical Support workers | 2,519 |
Service and sales workers | 1,856 |
Skilled Agricultural, Forestry & Fishery workers | 1,211 |
Craft and Related Trades workers | 2,284 |
Plant & Machinery Operators & Assemblers | 2,080 |
Elementary Occupations | 1,482 |
Estimated Monthly Income Earnings by Industrial Grouping
Industrial Grouping | Estimated Average Monthly Income (EC$) |
Agriculture Hunting & Forestry & Fishing | 1,516 |
Mining & Quarrying | 2,636 |
Manufacturing | 2,198 |
Electricity, Gas, Water Supply | 2,973 |
Construction | 2,875 |
Wholesale & Retail Trade | 2,333 |
Transport Storage and Communication | 3,044 |
Financial Intermediation | 4,007 |
Real Estate, Renting & Business Activities | 2,640 |
Education | 3,524 |
Health & Social Work | 2,949 |
Public Administration & Defence Compulsory Social Security | 4,304 |
Hotels & Restaurants | 1,221 |
Other Community Social and Personal Service Activities | 2,454 |
Source: Montserrat Statistics Department, Labour Force Survey September 2020
Cost of work permit ($)
Expatriates (All fields) | 50.00 |
Some stipulations in the Labour Act being highlighted include:
Scope |
Maternity leave |
Paternity leave |
Trade unionism |
Severance pay |
Unfair dismissal |
Child labour |
Worktime and leave |
Source: Montserrat labour code (2012)
Personnel (workforce) skills
According to the 2023 Population and Housing Census, Montserrat's labour force, consisted of 2,574 persons – 1,294 males and 1,280 females.
Establishing a business in Montserrat
Applicable vehicles / business structures
Private companies limited by shares are the most common form of business organisation adopted by foreign investors in Montserrat under the Companies Act 2023.
Company registration can now be completed online at: https://cipo.fsc.ms/
Business can be carried out in Montserrat through any of the following vehicles:
Sole Proprietorship | Partnership | Incorporated Companies |
The sole proprietorship form of business is typically used by individuals intending to do business on their own account. | In general partnership partners are joint owners of the partnership property and are personally liable for the firm’s obligations. | The word ‘company’ is used to describe an entity incorporated with limited or unlimited liability and registered under the Companies Act 2018. |
The major statutory requirement is the registration of a business name, where a name, other than the sole proprietor’s actual name, is used as the trading name. | In a limited partnership, there must be at least one general partner who will have unlimited liability with respect to all the debts and obligations of the firm. | Depending on the nature of the company's business, it may be subject to additional regulations, such as those governing environmental protection, labour standards, or financial services. |
In a limited liability partnership, all the partners are legally capable of limiting their liability in the event of the partnership being wound up. | Foreign companies have a choice to set up wholly-owned or partially-owned subsidiaries or affiliates in Montserrat. | |
Non-resident foreigners may not be able to use a partnership as a vehicle for running a business in Montserrat. | The most common type of company is a company limited by shares. A private company must have a minimum of two and a maximum of 50 members. |
Process and requirements
The Trade, Quality Infrastructure and Business Support Division, under the Office of the Premier, is responsible for creating a competitive business environment through supportive policies and legislations.
The business incorporation process
Businesses can be registered at the Companies and Intellectual Properties Office, Financial Services Commission (FSC). Businesses may be registered under either of the following Acts:
- Registration of Business Names Act
- Companies Act
Form 26 - Completed Name Search and Reservation Form |
Form 1 - Articles of incorporation signed and dated |
By-Laws of the Company (optional - model by laws may be adopted) |
Form 9 - Notice of directors signed and dated |
Form 4 - Notice of address of registered office signed and dated. The registered address should not include a P.O. Box |
Declaration of an attorney at law as to the capacity of the persons forming the company. |
Businesses can be registered according to their legal framework namely:
- Sole proprietorship
- Private company
- Public company
- Non-profit company
- Limited liability company
- Partnership
- Company limited by guarantee
Living in Montserrat
The visa application process is quite clear and can be completed electronically in the applicant’s country of residence.
Eligibility criteria for a visa
- Anyone with a valid passport who wishes to enter Montserrat, as a visitor or on business is eligible to apply.
Requirements for visa
- A valid passport with at least six months validity from the date of entry into Montserrat is required.
- A visa is required for most nationals except those from exempted countries including the United States, Canada, the United Kingdom, and most Caribbean countries.
- The visa application form must be completed and signed, with a recent passport-sized photograph attached.
- Proof of sufficient funds to cover the expenses during the stay in Montserrat, such as bank statements or a letter from the bank, must be provided.
- A return or onward ticket or proof of travel arrangements out of Montserrat is required.
- Proof of accommodation arrangements, such as hotel reservations or a letter of invitation from a sponsor, must be provided.
- A medical certificate and proof of yellow fever vaccination may be required for visitors coming from certain countries.
- Additional documents or requirements may apply depending on the purpose of the visit, such as business or study.
How to apply
The process for applying for a Montserrat visa may vary depending on your nationality and the purpose of your visit. Generally, you can apply online through https://www.immigration.ms
Requirements for Resident Permit
- Valid Passport
- Proof of sufficient funds
- Proof of property ownership
- Other supporting documents
Validity
1 year
Requirements for Economic Residence
- Have business experience and a legally obtained net worth of more than EC$400,000;
and - Provide a signed Statement that they intend to make a Commercial Investment in Montserrat. For more information, read here.
Further requirements for expatriate employees
- Completed application form
- Valid passport
- Employment contract
- Proof of educational qualifications
- Curriculum Vitae
Validity
Varies
Other information
How to apply
- To obtain a Montserrat Resident Permit, visit the Immigration Department in Montserrat and submit an in-person application, accompanied by necessary documentation such as a passport and police clearance certificate.
Fees
- $50 per for all categories of expatriates.
Timeline
Five (5) working days from the date of receipt of application.
Taxation and Incentives
Applicable taxes and incentives
The Montserrat Customs and Revenue Service (MCRS) is mandated by Law and otherwise to collect assigned revenues by way of the Taxes and Fees and to provide such other assigned service for the Government of Montserrat.
Company Income Tax | Capital Gains Tax | Value Added Tax | Import Duties | Export Duties | Personal Income Tax |
30% | None | None | 5 – 30% | None | Progressive |
Levied on the income of companies operating in Montserrat. | No specific capital gains tax is levied. | Montserrat does not impose VAT or any similar goods and services tax. | Payable on goods imported into or exported from Montserrat based on their value and classification. • Varies, generally between 5% and 30%, depending on the type of goods. | No export duties are imposed on goods leaving Montserrat. | Tax on individual income, both residents and non-residents. • Progressive rates: - 10% on the first XCD 18,000 - 20% on income between XCD 15,001 - 30,000 - 30% on income above XCD 30,000 |
Other taxes include:
Social Security Contributions. | • Contributions by employers and employees toward social security. |
Property Tax | • Tax on the value of property. |
Consumption Tax | • Applies to specific goods such as fuel, alcohol, and tobacco. |
Vehicle Tax | • Annual tax on motor vehicles based on weight and type. |
Hotel Occupancy Tax | • Tax on hotel and accommodation stays. |
Withholding Tax | • For payments made to non-residents |
Montserrat has concluded double tax treaties with the following countries:
Treaty Partner | Benefits |
United Kingdom Double Taxation Agreement (DTT) | • Prevention of Double Taxation on income such as profits, salaries, pensions, and royalties. |
CARICOM (Multilateral) Double Taxation Agreement (DTT) | • Covers member states of CARICOM, including Montserrat. |
Business Promotion Incentives and Initiatives
The government has also implemented various incentives and initiatives to improve the attractiveness of the Montserrat investment landscape.
Tourism Development Incentives | Government Support Programs |
Renewable Energy Incentives | Tax Holidays |
Small Business Incentives | Import Duty Exemptions |
The Government of Montserrat, through a combination of government agencies and departments has developed the Compendium of Investment Incentives in Montserrat with the primary aim of providing and disseminating up-to-date information on the various incentives available to investors in Montserrat.
The Compendium is a compilation of the fiscal incentives in Montserratian tax laws and sector-wide fiscal concessions that have been duly approved by the Government of Montserrat.
Incentives | Agriculture | Solid Minerals | Manufacturing | Tourism & Hospitality | Power/renewable energy |
Tax holidays | ◉ | ◉ | ◉ | ◉ | ◉ |
Reduced corporate tax rate | ◉ | ◉ | ◉ | ◉ | ◉ |
Investment allowances | ◉ | ◉ | ◉ | ◉ | ◉ |
Grants and subsidies | ◉ | ◉ | ◉ | ◉ | ◉ |
Loan guarantees | ◉ | ◉ | |||
Equity participation | |||||
Duty free exemption | ◉ | ◉ | ◉ | ◉ | |
Customs facilities | |||||
Infrastructure development | ◉ | ◉ | |||
Land Allocation | ◉ |