|
The actual
way an offshore company might be used are detailed below
one or more will probably fit in with your own plans.
International
trading.
Export
and import transactions can be made much more tax efficient
by the use of offshore companies.
The
use of an offshore company between a seller and a buyer
of products or services in different countries can allow
profits on the transaction to be accumulated offshore.
The company can be designated as a marketing or an export
consultancy with active nominees to give it a more substantial
appearance.
Invoicing
is via the offshore company, but goods can normally
travel direct from source to destination.
Such
structures can be particularly beneficial to transactions
within EU countries where problems of VAT accounting
can be solved by registration in a suitable location.
A UK or Irish onshore company can be useful in conjunction
with another vehicle.
Factoring
of debts using an offshore company also has interesting
possibilities for moving money from a high tax to a
low tax area.
Back
to top...
Manufacturing.
Some
countries have a preferential tax rate for manufacturers,
this can be exploited by establishing a manufacturing
company in the appropriate jurisdiction and separating
off the manufacturing part of a company's operations
by basing it in a free trade zone, or country that offers
tax breaks huge savings can be made.
Back
to top...
Investment
Companies.
An
offshore company is often used to make investments and
accumulate wealth offshore. The company can invest in
stocks and shares, property or commodities and can take
advantage of many other investment opportunities.
In
most jurisdictions 'withholding tax' is levied on income
remitted out of the jurisdiction, but the careful use
of double tax treaties can reduce or even eliminate
tax on the investment income. This may enable the investor
to make investments in high tax countries from an offshore
base with a minimal tax liability.
In
some countries interest is paid gross on tax free bonds
or bank deposits, and these can be integrated into the
client's tax planning.
The
investment may be rolled-up in certain circumstances
without income being remitted.
A
jurisdiction can be chosen where death duties and capital
gains taxes can also be avoided.
Use
of an offshore company also protects the identity of
the ultimate beneficial owner.
Back
to top...
Holding
Companies.
Companies
like the International Headquarters Company in the UK
can handle dividend receipts from a spread of subsidiaries.
This allows a group to centralise its resources and
maximise the tax benefits. Careful use of tax treaties
is needed to obtain the best results.
Other
locations both onshore and offshore can be used, the
holding company can also fund subsidiaries in a tax-efficient
manner.
Back
to top...
Property
Owning Companies.
Owning
overseas property through an offshore company gives
several advantages;
It is
possible to avoid inheritance tax, capital gains tax
and death duties.
The
process of sale is simplified. In some countries the
establishment of title is time-consuming and costly.
Once title has been established for a company-owned
property it never needs to be established again. Sale
can be by transfer of shares in the company, so that
the title to the property remains vested in the company.
Sale
by share transfer saves legal fees and transfer and
value added taxes levied by certain countries. Government
stamp duties and capital gains taxes can be avoided.
Exchange control delays can be avoided.
An
example of this is that a UK non-resident can use an
offshore company to gain relief from income tax, capital
gains tax and inheritance tax on ownership of UK property
the same benefits are generally achievable by most other
nationals.
Corporate
ownership has the additional added benefit of shielding
the identity of the ultimate beneficial owner of the
property.
Back
to top...
Probate.
Ownership
of a portfolio of investments, properties or other assets
though a single offshore holding company can simplify
probate procedures upon the owner's death. Probate can
be applied for in the offshore jurisdiction rather than
in several different countries where the assets are
located.
Legal
fees are reduced and publicity may be avoided.
Back
to top...
Consultancy
and services.
Consultants
and those providing services such as musicians and entertainers
often receive much of their income from overseas.
This
income can be remitted to an offshore company, which
in turn employs the consultant and pays over a modest
amount for expenses retaining the bulk of the moneys
offshore.
Employment
overseas is often facilitated by the use of an offshore
employment company. This can either employ an individual
or a group of individuals working overseas. The employee
keeps the bulk of his income outside the country of
employment and the structure can also reduce currency
exchange problems.
Back
to top...
Ship
and yacht ownership.
It
is often advantageous to own a vessel in an offshore
location, this can have significant tax benefits. It
can also provide an easy registration procedure for
yachts, which in certain countries can only register
on the major national register with onerous compliance
requirements.
A separate
offshore company may be formed to operate or charter
the vessel.
Back
to top...
Intellectual
property.
Patents,
copyrights, trade marks, franchises and other rights
such as those in music, computer software and technical
know-how can all be transferred into the ownership of
a licensing company, which may be offshore or onshore.
The offshore company makes licence or franchise agreements
and the company receives royalty payments and licence
fees.
Back
to top...
Inheritance
Tax Protection.
Ownership
of assets through an offshore company can often eliminate
liability in the owner's own country to inheritance
tax and death duties.
Back
to top...
Insurance
Companies.
Most
offshore centres will only accept registration of insurance
companies which are subsidiaries of existing insurance
groups, or which are very heavily capitalised. Fortunately
we have managed to find a few loopholes in several first
class jurisdictions where it is still possible to register
an insurance company with relative ease.
Back
to top...
Internet
trading.
One
of the fastest growing areas of international trade
is the Internet. The international nature of the trade
and the potential tax complications of dealing internationally
can be solved by the creation of a specialist Internet
trading company offshore.
To
obtain favourable tax treatment it is necessary to locate
the server physically offshore and to have a separate
domain name.
Though
the opinion is often expressed that such operations
are 'all in cyberspace' and therefore location is not
important, in fact regulation is increasing and planning
should anticipate likely future controls. Having said
that the Americans seem keen to make the Internet tax-free
and keep it that way so no one knows how it will go
long term.
We
can generally arrange a tax haven domain for around
£100 0r $140 or a tax haven email address, for
example if your name is Richard Davis we could arrange
something like Richard@davis.tc (Turks and Caicos Islands)
for £29.95 or $41.95, this can be pointed to your
existing email account.
Back
to top...
Asset
Protection.
A
Trust can be established whereby the Settlor, having
handed over his assets to the Trustees, no longer owns
these assets so they cannot be seized in cases of insolvency,
marital proceedings or professional negligence.
If
however, the Trust was set up intentionally to avoid
a known current or future liability it may be set aside
by the courts.
Trusts
are excellent asset protection vehicles and are extremely
flexible in times of political and economic instability.
Back
to top...
Family
wealth protection.
Trusts
are often used to protect the continuity of family wealth
by imposing conditions on the use and distribution of
the moneys on present and future generations. Such an
arrangement may also replace a will in certain circumstances.
Trusts can be used legitimately to avoid 'forced heirship'
provisions affecting inheritance. Inheritance, capital
gains and income taxes can all be minimised in this
way.
Back
to top...
Confidentiality.
There
are often sound commercial and security reasons for
using the confidentiality that an offshore structure
can provide.
Confidentiality
is a cornerstone of the functioning of offshore centres.
Without confidentiality laws and codes of practice there
would be no faith in the finance centres and their economies
would fail.
Banks,
fiduciaries, trust companies and corporate service providers
all adhere to the strictest standards, whether these
are enforced by law or not.
Subject
to the requirements of the money laundering and financial
regulation laws, only a properly authorised criminal
investigation will cause such a firm to divulge the
ownership of an offshore structure or bank account.
Many
clients ask us the question, what are the drawbacks
of an offshore company? The truth is that after 16 years
in this business we can't find any, even if you need
to operate in an onshore location which obliges foreign
companies to establish a Branch office. For example
let's take the UK, you simply register a UK company
of the same name, which is wholly owned by the offshore
company, this UK arm of the foreign company has several
advantages, the UK company can operate freely in the
UK and register for VAT giving access to the entire
EU but the offshore company appears as the director
on official records, so no UK / EU nationals appear
at Companies House. Of course another benefit is if
you get into an awkward court case you can always close
the UK Company, leaving the offshore parent company
intact.
The
key to a successful offshore business lies in the equation
between what it costs and what it saves. The problem
is that if you are not careful costs can run at £2500
per annum ($3500), or more in government taxes, nominee
charges, filing fees, provision of registered office,
offshore Maildrop, phone facilities etc. The reality
is it needn't cost a fortune. Let's assume you wish
to have nominees in place to conceal the true ownership,
you want to include the annual company tax, the filing
fees, the registered office etc. This is all that is
needed, although you may need other facilities; discreet
banking arrangements, offshore addresses and phone or
fax numbers, but these options although they increase
flexibility and are not vital. So in summary let's base
annual costs on the minimum requirements outlined below:
Registered
Office - Filing Fees - Annual tax - Accountancy Fees
- Annual Cost £220 ($308)
Nominee Director & Secretary Annual Cost £300
($420)
Total per Annum £520 ($728).
Divided
into a weekly figure this works out at £10 or
$14. It goes without saying that if you can't save at
least 10 times that amount, then you probably don't
need an offshore company!
The
vital thing to consider is that many so called experts
who set up offshore companies will sell you something
you do not need, and others will send you a list of
what's available and let you choose for yourself, without
really determining if you are making the right choice.
Of course only you can make the final decisions based
on commonsense and carrying out a bit of research into
the various options available. The key is caution and
to beware of hidden charges and unpleasant surprises.
A typical example we came across recently was a client
who asked us to take over the administration of his
company from a local Gibraltar firm, the only problem
was they wanted £800 in order to resign as agents
and release the company to use. This is just money in
their pocket and in our opinion a scam, we do not make
a charge to release a company, after all if we do our
job right and you are satisfied why would you want to
go elsewhere? Finally consider how the place of incorporation
looks to clients. We, ourselves, are incorporated in
Delaware, the details below appear at the bottom of
our headed paper. The point here is that some jurisdictions
suggest specific things. If you mention the Channel
Islands in the UK, people think of tax avoidance, which
is not always the case. If you mention a Colombian company
people think of Cocaine, if you say you are incorporated
in Liechtenstein, it suggests wealth. Whilst the first
two are often wrong, the third one is usually true,
because a Liechtenstein company costs a very substantial
sum to set up and the annual operating fees are also
very high. The key point is that where you incorporate
is important when it comes to creating an image that
is favourable in the eyes of your clients. After all
it's pointless to save 35% in tax only for the location
of the company, to frighten off 40% of the customers!
Back
to top...
|