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Offshore Company Formation: Avantages & Disadvantages

drillbill

Offshore Agent
Jan 6, 2009
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There are many reasons to incorporate an offshore company but there are also some drawbacks. Read this unbiased article which outlines what to watch for when thinking of opening an offshore business. Forming a company offshore has been considered a smart business move among a lot of social circles.


Just remember that starting your own business is a huge ordeal to begin with, so when you consider an option like this one, you need to make sure it is not only the right decision for you to make, but also, is it the smartest decision? Will it be wise to form an offshore company under the jurisdiction of say Belize, Panama, or Switzerland?Unfortunately, the concept of offshore incorporation carries with it a negative mindset. So many individuals have been led to believe that this type of entity is formed to hide shady business deals or to dodge paying one's taxes. Never has this been farther from the truth, when in reality, many legitimate businesses are using offshore location as a leveraging tool that would not be possible were it not for their location.Why should I form a company offshore? There are three major reasons ahead of all the others and they are definite advantages where this concept is concerned.


Advantage #1 Legal protectionThis should be the first reason for considering an offshore operation. Typical business operations tie the assets of the business to a name, usually the owner's. This is not the case with an offshore entity. The benefit to this is that your assets are now immune to lawsuits and other legal judgments.


Advantage #2 PrivacyMost businesses do not enjoy the level of privacy that is provided by an offshore business. It's difficult enough to try and determine a company's assets, much less keep them anonymous. The offshore concept provides the anonymity that is oftentimes desired.


Advantage #3 Tax BenefitsThe potential tax savings are huge, not to mention enticing, and depending on whose jurisdiction you form your business in, these savings could be of significant proportions. In a few cases, there is no tax at all. You will need to put in some time performing due diligence and research on this benefit, as the benefits vary widely from on jurisdiction to the next.What are the disadvantages of forming a company offshore? Again, there are three major issues to consider when looking at setting up a company in an offshore setting, but then again, you can't have the advantages without some disadvantages.


Disadvantage #1 Appraisals and FinancingThe offshore concept provides you with privacy, but the major drawback to this benefit is that it also makes it difficult for the potential financial partners or investors to determine what your business is actually worth. In addition to this, lenders are more likely to be hesitant in approving or granting financial assistance to a business that is out of their "reach".


Disadvantage #2 LimitationsSome offshore companies may be limited in their activities due to restrictions that are placed on them by the United States as well as other jurisdictions. Trade benefits that are designed to help US companies may not be available to you due to your offshore registration. Again, research this issue as it can be a drawback depending on your industry.


Disadvantage #3 PerceptionAs was mentioned above, the offshore concept is not always held in the highest regard due to the media only reporting bad cases so incorporate with care and privacy.
 
The only disadvantage I see for a offshore company is the fact if you're doing some illegal or try to hide your money from the tax authority in your country and get cought. That's nasty and can hurt you in the long run. Other than that, you don't need to worry about anything. It is not illegal to have an offshore company and offshore bank account as some may tend to tell you!!
 
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Most clients are looking for the advantages like:

  • no tax or the lowest possible tax
  • total privacy and anonymity
  • controll and management of the company to be outside of their own country
  • asset protection
  • privacy protection
  • private & privacy banking


And then you have the group of people who are simple unable to open an account anywhere unless they incorporate a offshore company somewhere and get help yo open a real business bank account for their needs. This don't need to be because they have made some "mistakes" in the past, no, in some countries it is still not "normal" to have a bank account!! Yeah it's true, we write 2015 but yes.
 
For your information there are some great setups which includes both real offshore Trusts and Foundations, some of them you should pay attention to and I have drawed them up below:

/IMG/offshore-trust-structure1.gif​



The above is more like a simple Trust setup without any offshore company involved, that may be a good solution for investment and holding company purpose, where the company is replaced by the Trust.


In other setups it may be better to get a a offshore company in front of the structure where moneys are floating from the company to the trust to finally go to a foundation or the owners.

/IMG/offshore-trust-structure2.jpg​
 
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It depends on what offshore company structure, business activity and goals your are into. For some a simple offshore company is sufficient while for other it is required with a much more complicated and advanced setup! Just keep into mind when setting up a large and complicated structure that there are costs involved and it is expensive to maintain it on a monthly and annual basis.
 
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It depends on what offshore company structure' date=' business activity and goals your are into. For some a simple offshore company is sufficient while for other it is required with a much more complicated and advanced setup! Just keep into mind when setting up a large and complicated structure that there are costs involved and it is expensive to maintain it on a monthly and annual basis.[/quote']
Yeah indeed. I would say there are more advantages than with any other onshore company if you look at privacy protection isolated.
 
I say the major advantage of an offshore company is the tax benefits and the anonymity level. No onshore company can provide the same levele. Finally that you can use several tools to get your money in and out from the company also for personal use and without to pay tax in the first step appeals me.


The disadvantage if you may say so, you get a lot of troubles if you start working active with your offshore company in regards to lower or avoid to pay tax locally. You want to consult a very good tax lawyer in your country to help you with all legal documents and to fight the monster of the tax office.
 
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Problem no.1 are the tax authorities. You will get a hard time to convience them you are not into any tax game! That's why you want to use a VPS, TOR browser and what else can hide your a*s!