With correct advice an Offshore company or a Tax Exempt company can afford many significant legal tax savings throughout the world, providing you and your company with a competitive advantage, affording you confidentiality/security and perhaps even save on future inheritance taxes.
Offshore/Tax Exempt companies are separate legal entities
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.
International Trading
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.
Investments
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.
International Consultancy
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. These being the normal European 'breathing' periods before full local tax obligations exist. The purpose of the offshore company is to provide a fiscally beneficial entity to issue necessary invoices, register for VAT (possible in the Isle of Man) and/or act as a controlling vehicle for future 'home' country remittances.
Confidentiality
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.
Family Protection
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.
|