High Net Worth Individual (HNWI) Tax Residency in Georgia: Latest Updates
Understanding Tax Residency in Georgia: Two Paths
The 183-Day Rule: A Quick Overview
Georgian tax residency includes two primary paths, one of which is the 183-day rule; it means if you spend 183 days or more in Georgia in a 12-month period, you qualify as a tax resident. This rule is quite straightforward and is common in many countries. The days can span parts of two consecutive years as long as they add up to 183 days.
Becoming a tax resident under the 183-day rule means you can enjoy Georgia’s flat personal income tax rate and exemptions on most foreign income. This rule is ideal if you plan to spend significant time in the country. However, there are exceptions for certain groups, such as diplomats and specific international workers.
The HNWI Program: Your Fast Track to Tax Residency
If spending 183 days or more in Georgia isn’t part of your plan but you still want to benefit from its tax advantages, the High Net Worth Individual (HNWI) program is your unique opportunity. This program allows individuals with an income over 200,000 GEL (approx. 80,000 USD) or personal assets in excess of 3 Million GEL (approx. 1,200,000 USD) to obtain Georgian tax residency without meeting the 183-day physical presence requirement.
The HNWI program is perfect for digital nomads, international investors, and global business owners. It offers flexibility and significant tax savings with minimal physical presence in Georgia.
Georgia’s HNWI Program: A Deep Dive
Who Qualifies? Eligibility Criteria & Required Documents
To qualify for the HNWI program, you must meet one of the following criteria:
Asset-Based Criteria: Own assets worth at least 3 million GEL (approximately $1.2 million). As of April 2023, at least $500,000 of these assets must be in Georgia.
Income-Based Criteria: Have an annual income of at least 200,000 GEL (approximately $80,000) for each of the last three years. Additionally, as of April 2023, you must own assets in Georgia worth at least $500,000.
You also need either a Georgian residence permit or proof of receiving at least 25,000 GEL from a Georgian source in the year before your application.
Documents Required for HNWI Tax Residency Application
To apply for HNWI tax residency in Georgia, you need to submit specific documents. The requirements are the same for both Georgian residents and non-residents.
Benefits of the HNWI Program: Why Georgia?
Georgia offers several enticing benefits for HNWIs:
These benefits make Georgia an attractive destination for high-net-worth individuals looking to optimize their tax liabilities in a stable and welcoming environment.
The Application Process: Step-by-Step Guide
Pre-application Preparation:
Gather necessary documents (proof of assets, income, residence permit, etc.).
Consult a tax professional to ensure all criteria are met.
Application Submission:
Complete the application form.
Submit documents online or in person at the Georgian Revenue Service.
Review and Approval:
The Revenue Service reviews the application and may request additional information.
Upon approval, you receive a Georgian tax residency certificate.
Post-approval Requirements:
Reapply annually to maintain HNWI status.
Keep all documents up-to-date and be prepared for potential audits.
Timeline for Obtaining HNWI Tax Residency in Georgia
Duration of the Process
Obtaining HNWI tax residency in Georgia involves several steps and can take some time. Here’s a simplified breakdown to help you plan:
Document Preparation: This step usually takes about 1–2 months. If you already have a Georgian residence permit or have earned 25,000 GEL from a Georgian source, this can be quicker.
You need to gather and prepare all necessary documents, such as proof of income or assets.
Documents must be notarized, apostilled, or legalized, depending on their origin.
Translations into Georgian need to be certified by a Georgia notary.
Application Review: Once your application is submitted to the Georgian Revenue Service (GRS), it typically takes around 3 months for the GRS to review and approve it.
Optimal Timing for Application
It’s best to start your application process 90–120 days before the end of the year. This timing helps ensure that your application is processed within the same tax year.
Example: If you apply for HNWI tax residency for the 2023 tax year in November 2023 and your certificate is issued in February 2024, the certificate will still indicate that you are a tax resident for 2023.
Practical Tips for a Smooth Process
How HNWI Status Can Complement Virtual Zone & International IT Company Benefits
Georgia offers several attractive tax incentives that can intersect to provide significant benefits for high-net-worth individuals, especially those in the IT sector. Here’s how the HNWI program can complement the advantages of Virtual Zone or International IT Company statuses:
Income Qualification for HNWI
If you are an IT professional or entrepreneur operating under Georgia’s Virtual Zone or International IT Company status, the income you earn through these entities can help you meet the 200,000 GEL annual income requirement for HNWI status. This is particularly beneficial for:
Tax Optimization Strategies
Combining HNWI status with Virtual Zone or International IT Company status offers a unique opportunity to optimize your taxes. Here’s how you can benefit from both regimes:
What’s Changed & How It Impacts You
As of April 2023, the HNWI program has an additional requirement: ownership of at least $500,000 worth of assets in Georgia. This ensures applicants have a substantial financial presence in the country, aligning with Georgia’s goal of attracting significant foreign investment.
The income proof requirement has also changed. Previously, you needed to show Georgian source income in the year of application. Now, you must demonstrate this for the year before your application, necessitating more advanced planning.
Previous HNWI Program Rules
To qualify for Georgian tax residency under the HNWI program, you had to meet two main criteria:
New HNWI Program Rules After April 15, 2023
The new rules add an extra requirement: at least $500,000 of your wealth must be located in Georgia. Here’s what you need to know:
These updates make the HNWI program more robust and ensure it attracts genuinely high-net-worth individuals contributing to the Georgian economy.
HNWI Requirements: Assets, Income & Residency
Proving Your High Net Worth: What Counts?
To qualify as a High-Net-Worth Individual (HNWI) in Georgia, you must own assets worth at least 3 million Georgian Lari (GEL) (around $1,075,000) globally and own assets in Georgia valued at 500,000 USD or more.
Types of Assets That Count:
To qualify under the asset criterion, provide proof of owning assets worth at least 3 million GEL, including:
Additionally, you must show ownership of at least $500,000 worth of these assets in Georgia. The simplest way to meet this criterion is by transferring funds to a Georgian bank account. If you still don’t have one here is a full guide how to open bank account in Georgia remotely.
Don’t forget individual property taxes in Georgia, which is an annual tax based on the estimated market value of your property. In Georgia, property taxes are calculated at a standard rate of 1% of the property’s value.
Georgian Income Criterion for HNWI
If you don’t have assets worth 3,000,000 GEL or more, you can still qualify for HNWI status if you’ve earned over 200,000 GEL (approximately $70,000 USD depending on the current exchange rate) annually in each of the last three years. For instance, to apply for Georgia HNWI tax residency in 2024, you’d need to demonstrate you’ve earned at least 200,000 GEL in 2021, 2022, and 2023. This income can be sourced from either within Georgia or abroad.
Summary of HNWI Criteria
To qualify for HNWI status, you need to fulfill one of these conditions:
After meeting these criteria, you must fulfill an additional requirement to become an HNWI tax resident in Georgia:
Ways to Qualify for HNWI Tax Residency
You can qualify for HNWI tax residency by meeting one of these combinations:
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Income Thresholds: Georgian Source vs. Foreign Source
Applicants can also qualify based on income:
Proof of income includes tax returns, salary slips, and bank statements. Distinguishing between Georgian and foreign income is crucial, as only Georgian income is taxed under the HNWI program.
Residence Permit vs. Tax Residency: Key Differences
A residence permit allows you to live and work in Georgia, while tax residency status, specifically under the HNWI program, is primarily about tax obligations.
Residence Permit:
Tax Residency:
HNWI Program in Action: Practical Scenarios & Case Studies
Applying for HNWI Tax Residency
Meeting the criteria is just the first step. You must apply to become an HNWI tax resident in Georgia. Without an application, you won’t receive the tax residency certificate, even if you qualify.
For Example:
Giorgi, who is Tbilisi-based entrepreneur, from his tech startup that operates globally earns $300,000 annually. He applies for HNWI tax residency and provides income statements from the past three years and documents that show he owns $800,000 worth of assets in Georgia, including an apartment and bank deposits. His application is approved, allowing him to benefit from Georgia’s favorable tax regime without having to meet the 183-day physical presence requirement.
Annual Renewal of HNWI Tax Residency Certificate
The HNWI tax residency certificate is valid for one tax year. To continue being recognized as an HNWI tax resident in subsequent years, you must reapply annually. This means submitting a new application each year. However, renewing your certificate is typically easier than the initial application process. Here’s what you need to know:
Family Members: Can They Also Benefit?
Receiving an HNWI tax residency certificate doesn’t automatically extend to your family members. Each family member must apply individually and meet the HNWI criteria to gain tax residency in Georgia.
For instance, a spouse or child can apply for tax residency if they hold assets or receive income that meets the program’s requirements.
Here’s how they can do it:
For Example:
Davit and Mariam, a couple residing in Kutaisi, both seek HNWI tax residency. Davit applies based on his annual income, which exceeds 200,000 GEL each year. Mariam, on the other hand, owns property in Tbilisi worth $750,000. They each submit their applications individually, and both receive their tax residency certificates, allowing their family to enjoy the tax benefits.
Remote Applications: Is It Possible?
Yes, you can apply remotely. You don’t need to travel to Georgia if you meet the income criteria. You can grant Power of Attorney (POA) to a Georgian professional who will handle all the procedures on your behalf. This includes submitting your application, representing you at the Georgian Revenue Service (GRS), and other necessary steps. The certificate will be sent to you by post or electronically once approved.
Steps for Remote Application:
This method offers flexibility for those unable to travel to Georgia but still wishing to benefit from its tax advantages.
Potential Tax Savings: Is Georgia Right for You?
Georgia’s tax benefits can result in significant savings, especially for high-income earners and those with substantial foreign investments. The 20% flat tax rate and exemption on foreign income make it an attractive destination for tax planning.
Case Study: A digital entrepreneur earning $500,000 annually from global clients can save significantly by becoming an HNWI in Georgia. With proper tax planning, they might only pay tax on income sourced within Georgia, while their foreign earnings remain untaxed.
Tax Considerations: Treaties & Planning Strategies
Double Taxation Agreements: How They Work for Georgians
Georgia has signed double taxation agreements (DTAs) with 57 countries, preventing the same income from being taxed twice. These treaties allow HNWIs to optimize their tax liabilities by ensuring income is taxed in only one jurisdiction.
Do Double Taxation Treaties Apply to HNWI Tax Residents?
Absolutely, they do. Georgia has signed double taxation agreements (DTAs) with 57 countries. These treaties are designed to prevent you from being taxed twice on the same income. As an HNWI tax resident, you benefit from these treaties just like any other Georgian tax resident.
Benefits of Double Taxation Treaties
If you’re an HNWI tax resident in Georgia, these treaties can help you:
For example, if you earn income in a country that has a DTA with Georgia, you may be exempt from or receive a reduced rate on withholding taxes in that country.
When Double Taxation Treaties Might Not Help
However, if you are already a tax resident in another country based on the days you spend there, the benefits might be limited. Here’s why:
In such cases, Georgia’s HNWI status might not be as beneficial because these tie-breaking rules often favor the country where you spend more time.
Best Scenario for Using HNWI Status
The HNWI tax residency certificate is most advantageous if you are not a tax resident anywhere else but in Georgia. This way, you can fully leverage Georgia’s favorable tax regime without complications from other countries’ tax rules.
Important Considerations Before Applying for Georgian HNWI Tax Residency
Working with Tax Professionals: Why It’s Crucial
Navigating international tax laws and optimizing tax strategies can be complex. On the recommendation of the International Trade Administration, before doing any business deals, it’s a good idea to talk to a lawyer who’s allowed to work in Georgia.
Tax professionals can provide tailored advice, assist with documentation, and help in planning the best strategies for tax efficiency.
Taxation on Georgian Source Income
In Georgia, you are only taxed on income earned from Georgian sources. This applies whether you are a Georgian tax resident or not. So, even if you qualify as an HNWI, only your income from within Georgia will be subject to Georgian taxes.
Key Points:
Impact of Georgian Tax Residency on Service Income
If you provide services, becoming a Georgian tax resident could mean that more of your income qualifies as Georgian source income, and thus, becomes taxable in Georgia. This is particularly relevant for those who actively provide services within the country.
What to Watch For:
Tax Accounting & Bookkeeping Services in Georgia
Ensuring Compliance: Georgia’s distinct tax system necessitates that HNWIs maintain meticulous and compliant accounting records. Whether you’re managing local or international income streams, accurate accounting is crucial. Mismanagement can lead to audits, hefty fines, and significant reputational damage.
Payroll Management: Mastering Georgian Labor & Tax Laws
Payroll Taxes Explained: HNWIs who employ staff in Georgia must understand the intricacies of payroll-related taxes. This includes calculating and paying income tax and social security contributions accurately and on time.
Making an Informed Decision
Consulting a tax expert before starting your HNWI application is essential, especially if you regularly earn income from providing services. This step ensures you understand all the implications and can make an informed decision about your tax residency status.
By understanding these legal nuances, the Gegidze Agency can assist companies and individuals in ensuring compliance with local and international regulations and in maximizing the benefits of the HNWI program.
Official Government Links & Documents
Contact us here.
FAQ: Common Questions from HNWIs Answered
What is the HNWI Program in Georgia?
breakdown of its key features:
What is the 183 Day Rule in Georgia?
The 183-day rule is a standard used by many countries to determine tax residency based on the number of days spent within the country. In Georgia, it works as follows:
What is the Criteria for HNWI?
To qualify for the High Net Worth Individual (HNWI) tax residency status in Georgia, you must meet the following criteria:
How long does the HNWI application process take?
Can I combine HNWI status with Virtual Zone or International IT Company status?
Yes, you can benefit from both: Combining HNWI status with Virtual Zone or International IT Company status can maximize your tax benefits. As an HNWI, you enjoy a 5% personal income tax rate on Georgian-sourced income. At the same time, businesses under the Virtual Zone or International IT Company status benefit from reduced or zero corporate income tax and exemptions from VAT on certain activities.