| Offshore business is about using the
opportunities offered by countries (commonly known as jurisdictions),
whose legislation allows for certain advantages (tax, confidentiality,
company structure, etc.) to be used by non-residents.
To this effect, a country or jurisdiction will allow registration
of a company and offer them certain tax freedoms in exchange for
an annual licence fee. It is normally a legal requirement that the
registered company must not conduct any business or own any assets
in the jurisdiction of incorporation.
This in turn allows companies to be set up in that jurisdiction,
sometimes resident, sometimes not (depending on the legislation),
to trade on an international basis taking advantage of the easier
flow of money on the international markets.
Is setting up offshore illegal?
Is offshore only for the rich?
Where do I start?
Can I move my existing business offshore?
What about my personal taxes?
How do I find the right jurisdiction?
5 golden rules
Are there any other advantages besides tax?
What is the future of the offshore industry?
Is offshore only for the rich?
This might have been so a long time ago. However, in this modern
age with the high quality of services offered by CFS, offshore is
now a relatively simple and affordable procedure for almost anyone.
Once having moved all or part of your business offshore, the savings
made by the low-tax or tax-free status opens up a whole new world
of investment and business opportunities. If required, we will be
happy to introduce you to an independent offshore investment advisor.
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Is offshore only for the rich?
This might have been so a long time ago. However, in this modern
age with the high quality of services offered by Company Formation
Specialists Limited, offshore is now a relatively simple and affordable
procedure for almost anyone. Once having moved all or part of your
business offshore, the savings made by the low-tax or tax-free status
opens up a whole new world of investment and business opportunities.
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Where do I start?
Start with a Business Plan and a budget, as maintaining an offshore
company requires paying an annual registration fee. Do you want
to set up a small trading company, or an international empire? Do
you want to sell your product on the internet? Decide on your target
market and the types of currencies you want to accept. You may first
wish to set up a Virtual Office to test the market with your product.
The flexibility in moving offshore will automatically open up new
possibilities for you and your business.
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Can I move my existing business offshore?
Some companies move parts of their business offshore almost immediately
as separate subsidiaries and profit centres. However, you will need
to look at your business with a view to re-organise your activities
and maybe look for new business opportunities on a cross-border
basis into other countries. The possibilities are quite extensive,
and we are able to assist you when it comes to applying offshore
advantages to your existing company operations.
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What about my personal taxes?
CFS does not provide tax advice and do not assist you to evade
taxes. This would be illegal for BOTH of us, however, it is our
business to show you the opportunities available on how to reduce
or even avoid incurring a tax liability.
We always advise our clients to seek advice from a tax lawyer and/or
accountant in their respective country before proceeding to purchase
a company.
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How do I find the right jurisdiction?
This depends on what the corporation is going to be used for and
your own personal or business circumstances. If you don’t
have a personal preference or a recommendation from a friend, please
ask our experienced advisors for suitable suggestions. They will
be able to help you make the right decision to match your personal
requirements. Alternatively, please feel free to use our Jurisdictions
section for further information.
Some important factors to consider when choosing a suitable jurisdiction:
the political and economic stability, the tax regime, legal system,
confidentiality, exchange controls, banking facilities and incorporation
& management costs.
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5 golden rules
When purchasing a company it is important to remember these 5 Golden
rules:
1. Choose a respectable corporate services provider which has a
physical office you can visit to discuss your requirements in confidence.
2. Ensure that the company and the company's bank account are located
in 2 different jurisdictions
3. Beware of general costs such as "Disbursements" and
"Other Expenses"
4. Choose a recognised bank in a stable country and ensure that
they will accept instructions by fax or offer internet banking services
5. Deal with a company whose office is located away from your country
of residence - as your personal records will be kept there.
Finally, trust your instincts. If it sounds too good to be true
it probably isn't.
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Are there any other advantages besides tax?
Yes, there are many advantages including: Anonymity, asset protection,
foreign property holding through a company in a third country, limiting
of liability in business transactions, unrestricted flow of capital,
transfer of assets etc. etc.
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What is the future of the offshore
industry?
Since the 911 incident, the international crackdown on money laundering
has created a divide in the offshore industry, primarily between
jurisdictions eager to comply with international standards of anti-laundering
regulation and those that are less co-operative. The driving force
behind those initiatives, have been influential organizations such
as the Financial Action Task Force (FATF). The FATF was established
by the G-7 countries in 1989 and is an inter-governmental body whose
purpose is the development and promotion of policies, both at national
and international levels, to combat money laundering and terrorist
financing. As the FATF seek to apply more international pressure,
it will become increasingly difficult for the less well-regulated
regimes to do business.
Another major issue is the exchange of information, the profile
of which has been raised in the current climate. The recently agreed
EU Savings Tax Directive will change the face of the offshore industry,
although to what extent is somewhat harder to predict. Previously
no information was exchanged automatically in Europe unless there
were concerns about illegal activities on a bank account. However,
with the introduction of the EU Tax Directive, customers living
within the EU are likely to be forced to engage with these issues,
either by having to pay a withholding tax or agreeing to exchange
information. The new directive will affect not only the EU Member
States but "all territories under their control", Switzerland
and the USA. The UK has recently announced that if the Cayman Islands
fail to voluntarily to comply with these new rules, the United Kingdom
will legislate on its behalf.
To this effect, Hong Kong will soon become a much more important
jurisdiction for tax planning as it is one of the only respectable
and well-regulated "offshore" banking centres which will
not be subject to the new EU directive on automatic exchange of
information and withholding tax.
Hong Kong should also be seriously considered for clients wishing
to register an offshore company, as it is one of the few respectable
locations in the world that tax on a “Territorial Basis”.
Consequently, this means that corporation tax is ONLY charged on
profits derived from a trade, profession or business carried on
in territory of Hong Kong. Income sourced elsewhere, even if remitted
to Hong Kong, is treated as tax free.
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