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Protecting Your Wealth
Overview | Offshore/Tax Exempt companies | International trading | Investments | International Consultancy | Confidentiality Property Companies | Family Protection | Intellectual Property | Yacht / Vessel Registration & Management
With correct advice an offshore company or a Tax Exempt
company can afford many significant and legal tax savings throughout
the world, provide you and your company with a competitive advantage,
afford confidentiality/security and perhaps even save on future inheritance
taxes.
However, as the exact benefits that are available to you and your company
will depend greatly on nationality, location and other such factors
it is always recommended that you first seek appropriate professional
advice before registering your company.
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Like their domestic cousins Offshore/Tax Exempt companies are totally
separate legal entities to any individual that may own them. This very
simple fact allows an offshore company despite the fact that its owner(s)
may live thousands of miles away to be subject to the laws and taxes
of the place where it has been registered and/or managed in the case
of non-resident companies. Therefore, if the jurisdiction of your choice
has no corporate taxes then your company will have no tax obligations
although obviously your personal tax position might be different.
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If a firm has significant business in a third party jurisdiction it
is often possible to reduce the overall tax position by transferring
management and control to a more tax efficient area. For example, if
a British firm purchased a given type of good in Italy for resale to
the Middle East it would seem inappropriate to say the least that such
a transaction should be subject to UK corporation tax. A potential solution
would be to set up a company in a low tax area such as Cyprus to specifically
control these transactions. If this is done correctly and does not offend
the anti-avoidance provisions of the Taxes Act, 1988, it should be possible
to benefit from for example the Cypriot corporate tax rate 10.00 %.
Obviously, any remittances back to the UK may be subject to full UK
taxes, however, those funds not so required should be available for
investment elsewhere. In respect to Cyprus, the fact that it has an
extensive double taxation treaty network, demands the submission of
annual audited accounts and, in this example, is strategically placed,
all goes to prove the commercial veracity of the establishment of the
Cypriot company/office. Even better, in certain circumstances it may
be possible to reduce the flat 10.00% tax rate by inserting an offshore
limited partnership (this being tax free) with taxes only being paid
on that ascribed proportion of profits earned by the Cypriot company
in its capacity as the "general partner". The 'limited' and
passive partners having no direct tax consequences.
Therefore, if such are tax haven companies, this preventing direct fiscal
remittance to the appropriate high tax 'mother' country, all profits
earned by the passive partner(s) will be totally tax free.
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Offshore/Tax Exempt companies can often be used as an investment conduit
in order to allow money /assets to grow in a tax friendly environment
with you, as opposed to the taxman, deciding if, when and how much money
should be repatriated.
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With the growing demand for professional consultants to work outside
their usual country's of residence there is often the possibility of
greatly reducing or even eliminating individual and corporate tax consequences
- often using offshore companies. The reason that this possibility arises
is that it is often possible to legally extricate oneself from the tax
system of ones home country for a fiscal year or more. During this expatriate period it may then be possible to avoid the tax
system(s) of the chosen host jurisdictions by limiting ones period of
residency in any given country to between 4 and 6 months.
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As competition becomes more intense, the ability to restrict competitor's
access to your company's true financial position could mean the difference
between success and failure. In certain circumstances it could also
be necessary to 'mask' the true ownership of a company. Unfortunately,
such confidentiality is not available directly in the UK or in most
other West European countries, however, it can often be guaranteed by
using offshore/tax exempt companies.
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In certain circumstances there are significant tax advantages in having
properties held by appropriate domestic and/or offshore mechanisms.
For example, for non-domiciled individuals in the UK, a local company
owned in turn by a tax-free company can legally avoid all capital gains
taxes. The reason for this is that "shares" are considered
"moveable" property under British law and capital gains realised
by a non-domiciled individual through his or her interest in the offshore
'tax free' company is not a British taxable event unless the gains are
directly remitted.
Further, by using appropriate tax treaties it may also be possible to
arrange "back-to-back" loans to virtually eliminate domestic
tax liability on rental payments. In respect to Continental property
acquisitions, even in jurisdictions such as France, Spain and Portugal
is also possible - with correct planning - to avoid CGT or equivalent
taxes and various property acquisition duties (which are extremely high
in the case of France) by using double taxation treaties/companies.
However, whilst Britain and Portugal have very favourable tax laws especially
for non-domiciled individuals, the French fiscal system always demands
local professional advice.
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One of the major objectives of many tax mitigation clients is to ensure
that wealth established during their lifetime is not fettered away by
future generations/circumstances. To avoid this tax planning firms can
often provide a whole range of 'tailor-made' companies, trusts, foundations
and establishments which can be used together with many of the other
tax mitigation mechanisms already outlined. In particular, they can
often be formulated to allow, whilst the original "settlor"
is alive, for initial investment flexibility followed by a "fixed"
structure upon his or her demise. In addition, with the correct advice,
"asset protection schemes" can also legally avoid the almost
universal "forced heirship" provisions of civil law jurisdictions.
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In many cases offshore/tax exempt companies can be very successful in
exploiting the various international withholding tax rates for dividends,
royalties and interest. For example, it is very common, for a nominal
consideration, to transfer patent, copyright or trademarks in favour
of an appropriate offshore/tax exempt company before significant appreciation.
Once acquired it then being possible to issue intellectual property
(IP) sub-licenses or exploitation rights to appropriate third party
structures.
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Without doubt in recent years there has been a great transfer of merchant
navy registration from traditional areas like Britain, Norway and Greece
to offshore shipping jurisdictions such as Panama, Liberia, the Isle
of Man, Cyprus and the British West Indies. Correctly advised, an individual
can also benefit from such tax free/low tax environments. Apart from
the lower registration fees it may also be possible to rent or charter
a vessel without any significant, or even any tax repercussions.
Such benefits together with the ability to maintain a respectable flag
- if a vessel is registered in the Channel Islands or a British colony
it is fully entitled to fly the "Red Ensign" as if it was
a native British vessel - have meant that few private yachts of any
size are today registered in their home territory. In addition, in certain
circumstances it may also be possible to purchase a yacht through the
Isle of Man with a local tax exempt company and then reclaim back any
VAT paid by registering for VAT on the Island
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