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What does it mean to invest or set up an Offshore Incorporation?
 
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Using Offshore Structures ~
The Myth & Reality
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Using an  
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Tax Free Investing 
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 The first question from a client usually centers around the legality of setting up an Offshore-structure.  The answer is quite simple.  Such entities are perfectly legal.  Most Tax authorities do not like them, but they are perfectly legal.  Tax authorities try to do every thing in their power to dissuade citizens from moving their money offshore because it becomes difficult, if not impossible, for tracking, reporting and seizure once funds are outside the client’s home jurisdiction.  In addition, creditors or courts have a very difficult time getting their hands on such assets when trying to settle a lawsuit.    

The tax authorities do not say, in print anyway, that such structures are illegal.  In fact, it would be theoretically unconstitutional to prevent by law one’s right to invest or place funds where one wants.  The authorities simply want to force or coerce the citizen to divulge such structures so they can assess taxes.  To be sure, as more and more people have in fact set up these structures in recent years, the tax authorities are trying to constantly change the tax code.  For US citizens, This has involved the dialog box on schedule B, which specifically asks if one has ownership of a foreign bank account, offshore structure or insurance policy. If you say “Yes”, of course a red flag is raised when you send back your tax return.  If you say “No”, and are discovered to have such ownership, then of course they have you for perjury.  There are of course legal and legitimate strategies for everything.  So, it really depends on what the client wants to accomplish when contemplating the establishment of such a vehicle.  We work with our clients to ensure that they are aware of any potential issues before hand so we can map out a strategy that works best for them.      

Regardless of the structure established, it is the client’s responsibility for any reporting requirements that may be applicable to them. Our office, and the institutions we work with, do not send any information to third parties.       

Offshore companies and foundations are most commonly used for the following: 
 

  • Ownership of Bank Accounts, Investment
  • Accounts or Real Estate
  • As Holding Companies for other Domestic Corporations
  • As a vehicle for re-invoicing and thus a way to reduce tax liabilities in the client’s home country
  • As a vehicle to truly have your business offshore (Internet based businesses, import-export businesses, professional services, etc)
Indeed, these are just some general ideas and uses for such structures.  More sophisticated strategies to save on estate or inheritance taxes are also applicable. In reality, there are a number of other strategies and reasons for individuals to set up such entities for themselves. 
 

 

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