Some countries and regions (such as BVI, Macau, Samoa and Cayman etc.) have formulated some especially loose tax systems to attract worldwide investors coming to those countries to set up overseas companies (also known as offshore companies).
This kind of company generally is not subject to any tax, except an annual license fee. Meanwhile, all international banks accept this kind of company and provide bank account opening and financial operation services. Some Overseas companies can also be listed in other countries or regions.
An Overseas company is different from a general limited company mainly with regard to tax revenue; that is, revenue from an overseas company is not subject to any tax payment, nor to any tax declaration, and the shareholders' information, shareholding percentage and revenue status are entitled to high confidentiality.
Advantages of Overseas Company Registration
1. Reduce tax burden
2. Maintain confidentiality
3. Safeguard assets
4. Acting as a holding company
5. Reduce operational costs
6. Offshore listing
Types of Overseas Companies
1. Very low or zero tax offshore companies incorporated in jurisdictions often described as tax havens, such as in Panama, Seychelles, Belize or the British Virgin Islands.
2. Companies incorporated in jurisdictions which offer both offshore and onshore companies that benefit from favorable tax regulation. An example is Hong Kong. Although not regarded as a tax haven, it has a favorable tax regime which means when correctly structured and administered, the Hong Kong Company can be used for international trade without paying Hong Kong tax, provided that profits are not Hong Kong source. This is often referred to as “territorial taxation”.
3. The LLC or Limited Liability Company and the LLP, or Limited Liability Partnership
These types of offshore companies are used for international business and tax planning because they have the advantage of limited liability combined with the flow-through characteristics of a partnership for tax purposes. Profits are divided among the members in proportion to their respective holdings, which are taxed in their home country.
In some situations, if all the offshore company members or partners are non-tax resident in the domicile of the LLC or LLP Company and no business is undertaken in that country, neither the LLC or LLP, nor will the members or partners be subject to tax in the company’s domicile. Examples of these “fiscally transparent” companies include US LLCs, UK and Scottish LPs.
4. The offshore world is complex and consists not only of tax havens but also of onshore high tax countries actively competing to attract international companies and individuals with advantageous tax planning policies and opportunities.
Double tax treaty planning related to company dividends, interest and royalty payments International holding companies
Countries noted for tax advantageous structures include Cyprus, UK, Portugal, Singapore, Austria, Switzerland, Luxembourg and the Netherlands.
International tax advisors have long been aware of opportunities that exist to optimize taxation with special low tax regimes offered by high tax countries seeking to encourage international business. It should be noted, though, that successful implementation of such company structures depend on many factors including: management and ownership control tests, transfer pricing, percentage participation in company holdings, capital gains tax, among other tax and policy provisions.
Offshore Company Applications:
①Personal and corporate tax planning
②Consultancy business
③Trading
④Financing
⑤Investment
⑥Holding shares or real estate
⑦Patent or royalty holding
⑧Ship management and yacht ownership
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