09c Offshore Legal 2017

The International Offshore Situation

Offshore Company Set-Up from 2017

While the term „Offshore“ literally means „off the coast“ or „abroad“, today it is most often used in the context of company formation and investment, taking place outside the strict control regimes of the “home” country.


Offshore Company Set-Up: A Short Review

Offshore Company formations and bank accounts have in the past been predominantly used to generate capital under advantageous tax conditions, protect assets and minimize liability. Over the past decades, several small, remote countries have become booming international financial centres, with far more more to offer visitors than just beautiful beaches.

In short, Offshore countries are increasingly concurring with the famous high-tax jurisdictions. However, in the past months many things have changed and especially the information exchange agreement OECD CRS  has brought on several difficulties for many tax havens. At least that is how it seems. Whether this is really the case, will be examined below.

Are Offshore Companies really dead in the water?

No, definitely not. Of course, you should not go about setting-up offshore companies in any odd offshore jurisdiction. But regardless of new legal developments, there are still more than enough viable offshore jurisdictions to choose from, clever strategies to take advantage of and sound reasons to look into the world of the international offshore.

Extensive information regarding choosing a suitable jurisdiction, the advantages of different strategies, and the possibilities of offshore company formation is available at firma-offshore.com or upon request via our contact forms.

Offshore Company Formation: Looking into the Future

Well-informed entrepreneurs and private persons already know about the numerous Exceptions , by way of which they can legally escape the automatic information exchange between banks and the authorities.

By carefully selecting the right offshore jurisdiction for the offshore company and the right bank for the company account, the many advantages the offshore company has to offer remain accessible regardless of the OECD CRS.

And what are the effects of the obligation to notify tax authorities?

Actually, the new agreement alter very little with regard to what owners of offshore companies have to report to tax authorities. There has always been an obligation to include share ownership and generated profits on the annual tax return.

Asset Protection and the Invisible Offshore Company

Of course, by meeting the obligation to notify the tax authorities about involvement in an offshore company, the company owner does lose the desired “discretion”. But, this need not be the case. There is an intelligent, legal strategy to ensure that offshore companies can remain invisible.

For Example: First, a holding company is set-up within the EU, for example in Cyprus. The offshore company then transfers a number of shares to the holding company, so that it becomes the owner of those shares. In the tax returns, the authorities are only informed of the shareholding in the European Holding company, as is in accordance with the law. The (indirect) shareholding in the protected offshore company, on the other hand, is not reported.

As you can see in this example, it is important to know all the legal obligations and intricacies in order to successfully take advantage of the international offshore. Talk to us and let us find the perfect solution for you!

In Plain Text

In the end there is a solution to even the most challenging of obstacles. The information exchange agreements in Europe are another step in the gradual elimination of the banker’s discretion in Europe. But only in Europe! In many parts of the world these agreements still have no relevance and the OECD CRS  has so many Exceptions that its efficacy is very restricted.

Get quality advice and support on Foreign and Offshore company Formation. Our experts are at your disposal. You can also find more information about company formation abroad and in the offshore at https://firma-offshore.com.