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Death and taxes vs living and taxes

sunchaser

New member
Aug 26, 2020
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Hi all. I have been reading various threads, and it is quite clear that "one man's meat is another man's poison".. But hopefully the collective wisdom here can help me find my "meat".
I currently live in an incredibly badly-run country. Pick a type of infrastructure - apart from tax (they are great at collecting tax!) - and it is falling to pieces. It is also becoming harder to work because of various legislative regimes.
So I am looking at moving countries, and effectively taking early/forced retirement. (I do not see myself being able to work in my current, fairly specialized, line of work after I move).

I also need to state early on that I am not a HNWI. I cannot invest hundreds of thousands on a piece of property or the like, just to "buy" a Golden Visa or residency somewhere. I need to go somewhere where cost of living is relatively low, and which will allow me in.
It also has to be a place I would WANT to live - including decent weather (one thing my current country does have is great weather!) So a place like UAE does not appeal - that kind of blistering heat is not my scene. Places with zero centigrade or less winter temperatures are equally not my scene.

Portugal ticks a lot of my boxes FROM WHAT I HAVE READ/ RESEARCHED (I have not yet been there thanks to this stupid worldwide shut-down.)
For the first few years of residency I could fund most of my living expenses from my retirement savings - drawing the max allowed from the retirement funds per year, and paying the 10% tax as per NHR rules - this would be exhausted after around 6 or 7 years because of the max draw-down. Thereafter I would need to live off my investments, and herein lies the next "wrinkle".

Most of my (limited) investments are in the form of US-listed shares. At present, I pay dividend tax (taxed at source by broker), and income tax on the gains I make from trading/holding. Under the Portuguese NHR rules, these gains would be taxed at 28% for the 1st 10 years, as I understand it, and thereafter at normal rates - either way this is more that I currently pay on the gains so ideally I'd like to (legally) reduce this, if possible?
Apart from this, I am also aware that when I die (be it in 2 months or 2 decades), I will be liable for 40% estate duties on the portfolio as a non-US citizen - and that's pretty "ouch".
To overcome this problem, I thought of registering an offshore entity to house the shares.
Incorporating in Panama is one option I have considered, partly because this is another country I could consider living in (at least part of the time, or in future), and having the IBC would also fulfill one of the requirements for the Friendly Nations Visa.
HOWEVER I am confused/concerned about the rules between Portugal and Panama. On the one hand, I understand that Panama is on the blacklist - and would thus incur taxes at 35% - but on the other, Panama and Portugal are supposed to have tax treaties - so which actually applies??

I am open to other suggestions as well, bearing in mind the limitations I have raised above. I know it has been stated in other threads that if you can't afford ~5k a year in taxes then you should not be looking at offshore in the first place, and ideally I do not want spend thousands a year to run a structure if its not going to actually provide a benefit, but if there is a way I can:
- get to live elsewhere AND
- pay less tax while doing so AND
- not lose 40% to the IRS when I die,
I would really like to do so.

I look forward to your comments - thanks in advance.
 
lol....what a long post. The last few lines is all you needed to say.

Do you have an EU passport or foreign one? Georgia is an option with 5% tax on investment income. But Georgia is poor but cheap to live. In terms of US estate tax it does not sound like you hold enough assets (>$60k) to be impacted but I could be wrong. I would personal move away from US listed stocks.
 
@Martin Everson - apologies if you feel the post was too long.
I have a foreign passport.
My assets are in excess of $60k - otherwise I wouldn't be concerned.
You suggest moving away from US-listed stocks, unfortunately that's what I am familiar with.
 
If a country has signed a DTA with Portugal, that takes precedence over the blacklist:
https://www.lexology.com/library/detail.aspx?g=4d6e3dcf-deed-4a84-b5ca-72222f944af4
But it's limited to 10 years and the rules are extremely complex, especially when passive/investment income is involved (CFC rules).
I don't think Portugal is a very good solution in that regard.

I would look into Cyprus. Cyprus has a tax treaty with the US (unlike Panama) and there is no capital gains tax in Cyprus (at least not for companies, not sure about individuals), so you would only pay 15% US withholding tax on dividends. I'm not sure about the details for receiving dividends tax-free as a non-dom. You might have to send the dividends to a holding company outside of Cyprus first. I'm not sure about estate tax, but if it doesn't work with a Cyprus company, it should work with a trust.

Thailand might also work. I know a guy who moved there and trades stocks owned by a trust, legally paying no tax.
As for Panama, there is no US tax treaty (30% WHT on dividends applies, unless you set up a more complex structure) and if you use a Panamanian company, the income would probably also be regarded as locally sourced and subject to tax.

I'm sure there are also other solutions.
 
JustAnotherNomad - thanks for that.
I will look into those options, although Cyprus residency doesn't seem like an option - perhaps I could do a company or trust from there and live in Portugal?
The 30% DWT on Panama dividends is news, and important to know. But from everything I've read, the income on stocks is not regarded as local.
Not sure that Thailand is much of an improvement (country-wise) from where I am now, but I will investigate that further as well.
 
Right, sorry, I forgot about residency restrictions in the EU. You could also move to Bulgaria (residency by investment should be cheap by opening a company there) and then just live in Spain as a tourist.

The US applies 30% WHT on all dividends, unless there is a treaty that allows for a lower rate. But when you sell shares, that is not taxed in the US. So it also depends on how much dividend vs. trading income you have.
 
Generally, for me, the trading income is more than the dividends. And because I sold quite a lot of my shares in the last few months, the dividends going forward could well be even lower, unless I find a good entry point again.
I will check out the additional options you mentioned as well, thanks.
 
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clemens, it seems like you may have answered your own question?

I am making contact with advisors, but it helps to have ideas to discuss with them, does it not? From people who don't have a vested interest in the outcome?
 
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I completely agree. When you have such a broad question, the alternatives to asking here are paying a LOT of money to an international accounting firm, or you would need to work with a service provider - and those people usually aren’t licensed either (they learned their trade on a forum like this) and often just want to sell you something, whether it fits your needs or not.
So I think getting some ideas here and then talking to lawyers from the relevant jurisdictions is a very good approach, unless you have so much money that you don’t care. But in that case you wouldn’t be on this forum anyway.
 
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clemens, it seems like you may have answered your own question?

I am making contact with advisors, but it helps to have ideas to discuss with them, does it not? From people who don't have a vested interest in the outcome?

Totally agree. I have a few times engaged fiscal experts. My experience is they are quite clear on what not to do, but will not really help you defining what you should do. Which is the reason I am following discussions here; especially info (positive and negative) from people who have actually done things is useful. I can afford to engage experts but am not willing to pay $350 an hour for generic statements.

As with regards to Sunchaser's question, if you want to invest in US (listed) stock just do so through a company and/or trust. With that your inheritance problem is solved. For taxes you need to find a country that is not bothered by what you do outside the country, in other words, territorial tax system. Places that come to mind are Costa Rica, Malaysia, Singapore, Hong Kong, Thailand and there will be more.

To be totally sure, check if there are any risks with regards to managing and controlling a company from a particular place of residence. In other words, there should be no CFC rules (most territorial tax countries don't have this s**t) and no PE risk. There are countries from which you can operate and control a company as director and they will not deem you PE as long as no income is earned in country and funds are kept offshore.
You may or may not have to pay tax over money you bring onshore.
 
@Avant1 - sadly I don't qualify for Puerto Rico - NOT a US citizen. I'm from what #45 would refer to as a sh*thole country. But it is a great suggestion for those who do qualify.
@aquarius - thanks for the input!

Sorry, didn't see that. You have a lot of options in this case. Look into countries that you could move to that have a territorial tax system. You won't pay tax on any foreign capital gains and income.
 
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Thanks all. Avalanche, it's not for the kids, it's for beneficiaries that I think deserve it more than the IRS. Aquarius, given that as you state, budget is an issue, plus that I do wish to move to a "more civilized" place, some compromises will have to be taken..