The
reasons for owning an offshore company will, of course, vary
from situation to situation and we recommend that clients obtain
specialist tax advice from an advisor familiar with their country
of domicile/residence before establishing a company. The tax
and other advantages which can be gained will depend upon the
country of residence of the beneficial owner and its anti-avoidance
legislation.
The following
are a small selection of the uses which may be considered:-
Trading
Companies:
An
offshore company may act as a distributor or sales company
accepting orders directly from the customer and arranging delivery
of the goods direct to the customer from the manufacturer or
place of purchase. The surplus arising on the difference between
purchase and sales price may be accumulated free of tax. This
can be of particular interest where goods are purchased in
one country and sold in another, yet the businessman is located
in a third country. Goods may be shipped directly from the
supplier to the purchaser with the supplier invoicing the offshore
company, which then invoices the purchaser at a higher price,
retaining the profit offshore.
Professional
Services:
A
person working overseas may be able to limit his tax burden
by receiving, into the country in which he is working, a fixed
level of remuneration and accumulate the balance in an offshore
company. Similarly, designers, authors, consultants and entertainers
may assign or contract with an offshore company the right to
receive fees due under a contract for services
Investment
Companies:
Investment
in property, stocks and shares, commodities and other
assets. The offshore company may provide anonymity
and tax savings. Funds accumulated can be invested
or deposited throughout the world, although the funds
may be subject to the tax regimes of the countries
in which the investments are located. There are countries
with tax free bonds or bank deposits where interest
is paid gross.
uses
of offshore companies, how to use an offshore company, using
an offshore company, offshore structures, offshore companies
and their use |
Inheritance
Tax Protection:
Where a person is domiciled outside a territory and owns
assets located in that territory, for instance, property, then
such assets may be protected against inheritance tax and higher
rates of taxation by holding the assets through an offshore investment
company.
Using
Double Taxation Treaties:
The
use of companies incorporated in certain jurisdictions may
be of benefit where double taxation treaties exist between
the offshore jurisdiction and the country in which an investment
(business/enterprise) may be made. Good examples of this are
Mauritius (which has double taxation treaties with India and
China) and Cyprus (which has many, but of significance are
those with the ex-Russian states).
Royalties/Patent/Copyright
Holding Companies:
The
purchase or assignment of the right to use a copyright, patent,
trademark or know how by an offshore company which may accumulate
the royalties received in the tax haven. In some circumstances
the royalties may be subject to withholding tax at source,
however, the interposing of a second company in another jurisdiction
may reduce the rate of tax withheld at source.
Shipping
Companies:
Ships
or yachts may be owned by an offshore company and registered
in an offshore jurisdiction which can prove a cheaper and more
tax efficient method of ownership.
Overseas
Property:
Many
of the difficulties and expenses associated with investment
in overseas property, such as holiday villas, may be avoided
through the use of an offshore company to hold the title of
the property. Sales of the property at a future date can be
dealt with quickly and easily by the sale of the company shares
to the purchaser. This also saves legal fees and overseas transfer
and value added taxes levied by certain foreign countries.
It can also be used to successfully avoid capital gains and
inheritance taxes.
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