UK companies can be used in tandem with an offshore company to enjoy a tax rate of less than 5%. This type of structure is commonly known as an "Agency Company", where an onshore company acts as nominee or agent for an offshore principal. This set-up offers an onshore “face” with all the offshore benefits.
The offshore holds the IP, brands and valuable asset and licenses it to the UK Ltd
Okay, but how is one supposed to structure this so it doesn't fall under BEPS and so that HMRC stays happy?The UK company can also be a payment processing company for the other company.
You should charge at least the same as other payment processing companies do (stripe, paypal etc).Okay, but how is one supposed to structure this so it doesn't fall under BEPS and so that HMRC stays happy?
You obviously also need to make sure the offshore is a genuine company with substance in the foreign jurisdiction.Okay, but how is one supposed to structure this so it doesn't fall under BEPS and so that HMRC stays happy?
I think we are talking about different matters. BEPS is relevant if you are UK resident and artificially trying to send UK profits out of the UK. If you are not UK resident and starting a payment processing company in the UK then the income of the UK company is the percentage it charge its client(s). This might fall under related party / arms length transactions and you might have to make related parties documentation, but it should be quite simple to show that you charge a resonable rate as there are so many other payment processing companies to compare with.You obviously also need to make sure the offshore is a genuine company with substance in the foreign jurisdiction.
Surely you would still need to comply with beps requirements, or op would end up being taxed on his home nation. Granted OP did mention anything about tax reasons, this was added by a reply in the thread. He might not be concerned by the tax at all and only looking for the functionality.I think we are talking about different matters. BEPS is relevant if you are UK resident and artificially trying to send UK profits out of the UK. If you are not UK resident and starting a payment processing company in the UK then the income of the UK company is the percentage it charge its client(s). This might fall under related party / arms length transactions and you might have to make related parties documentation, but it should be quite simple to show that you charge a resonable rate as there are so many other payment processing companies to compare with.
Yes, I'm referring to how this would be treated in the UK.Surely you would still need to comply with beps requirements, or op would end up being taxed on his home nation. Granted OP did mention anything about tax reasons, this was added by a reply in the thread. He might not be concerned by the tax at all and only looking for the functionality.
This might fall under related party / arms length transactions and you might have to make related parties documentation
You legally have to disclose if the other company is a related party.I think this is what I am asking about above. Do you have more infomation on "related party / arms length transactions"?
If the companies have different / unrelated names, one company is offshore, how would anyone know is related party?
This is correct, the country I am tax resident in DOES NOT care about foreign/offshore companies. They are also fully reported to tax authorities.He might not be concerned by the tax at all and only looking for the functionality.
I don't think this would be a problem tax-wise but the payment provider might ask you what's up with the name.Would it possible to use similar names?
To whom? HMRC?You legally have to disclose if the other company is a related party.
What's stopping HMRC from claiming I am just diverting UK Ltd income to an offshore company for no good reason, considering I am the UBO of both companies?I don't understand what the problem is if everything is legit.
You legally have to disclose if the other company is a related party.
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