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Offshore Fund Holdings |
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Whilst Offshore Funds have traditionally been considered high return/high risk creatures, recent performance have caused a rethink. The more consistent performance of Offshore Funds over the past few years relative to Onshore Funds has made them a highly sought after investment opportunity (Offshore Funds, generally speaking, have outperformed Onshore Funds since the advent of the new Millennium) …so much so that most of the world's major Investment Houses now list Offshore Mutual Funds as part of their product range.
Many Offshore Fund Managers however,
for legal reasons, restrict investment
in such funds to qualified, so-called
sophisticated investors (persons with
a net asset pool of $US2million or
an annual taxable income of no less
then $US200,000).
If, like most people, you don't fit
into this category of investors an
Offshore Company can be established
as a vehicle to invest into such Offshore
Funds. How so? In short, the Offshore
company raises investment capital
via issuance of paid up shares to
(or perhaps via borrowing money from)
you, the owner/client. Funds so raised
are used as the company's investment
capital, deployed in the purchase
of shares/units/interests in the preferred
Offshore Funds.
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Trading Operations |
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The ways in which Offshore
Companies can be used for trading operations
are many and varied. Some of the more
popular activities conducted from Offshore
include service based activities such
as advertising, marketing, sales and
distribution, agency companies, as well
as the sale and distribution of information-based
products.
The key to the successful use of
Offshore Companies for such activities
centres on the service being seen
to be provided from Offshore. For
example sales and other commercial
agreements need to be carefully drafted
to ensure that the bargain is seen to
have been struck, and preferably supply
generated from, Offshore. Additionally,
it is vitally important to ensure
that the Offshore Company is not seen
to be operating from onshore. For
example it would not be advisable
for the Offshore Company to have a
permanent physical office in any of
the countries where its customers
are based.
An example of an effective offshore
Trading Operation is a Debt Factoring
Company. In such a scenario a business,
or perhaps a commonly owned group
of Companies, might set up offshore
its own Debt Factoring Company. Debts
owed to the business/group might then
be bought by the Debt Factoring Company
at (say) 80% of what is owed to the
business (the discount in return for
supplying an immediate cash flow).
The Debt Factoring Company proceeds
to collect 100% of the debt. The outcome
being that that 20% of the amount
owed is accumulated Offshore, tax
free.
Another example of a Trading Operation
that can work well from Offshore is
a Mail Order business. Commonly Mail
Order businesses never actually physically
take supply of that which they sell.
Hence there is no need to keep inventory
Offshore nor to rent costly storage
space. Solely a registered Office
and Nominee Director is required.
The mail order advertisement, direct
mail or newsletter/ad email would
be sent from offshore. Provided the
order is seen to be taken from Offshore,
the difference between the cost and
sale price can be received Offshore,
tax free.
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Offshore Recruitment Agencies and Outsourcing
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People involved in contract
based work have much to gain by establishing
and then contracting their services
to an Offshore Recruitment Agency. When
taking on a new contractor, the Employer
simply contracts the services of the
Offshore Recruitment Agency to source
and supply appropriate labour, rather
than hiring the contractor direct. The
agency then subcontracts, in much the
same way as an onshore Employment agency,
the job to its own, onshore based, contractor.
The ability of the Offshore Recruitment
Agency to assume responsibility for
non-wage obligations, such as the
employee's retirement and savings
plan, means the employer often no
longer needs to worry about payroll
taxes, superannuation liabilities,
workcover expenses or Fringe Benefits
Taxes.
Moreover, the introduction of VAT/GST
in most countries has meant that many
companies and businesses can benefit
from exporting (or importing) services
that would otherwise be obtained from
onshore.
Offshore Outsourcing is now big business.
The proliferation of e-Commerce has
meant that many services can now be
obtained from any part of the globe.
Hence businesses can effectively outsource
many functions that would otherwise
be obtained from costly local contractors
without worrying about VAT/GST and
other such taxes normally liable onshore.
Similarly, the ability to sell services
offshore may allow businesses to obtain
the benefits of tax credits without
having to incur a VAT/GST liability.
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Intellectual Property Holdings |
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Offshore structures have commonly
been used by Intellectual-Property-rich
companies as a means of protecting
their innovations. In addition, industrial
enterprises frequently exploit their
technological innovations by transferring
the IP to an Offshore Licensing Company.
Royalties and other sums may be received
by the Offshore Licensing Company
from related Companies in a nil tax
environment thus reducing the total
tax burden.
Whilst legislative changes in certain
countries have made such a practice
more challenging, effective means
of holding and exploiting intellectual
property through Offshore structuring
still exist, provided that the appropriate
structure can be put in place.
As well as tax effectiveness, the
Intellectual Property asset becomes
very much bullet-proofed by being
owned from Offshore. It is harder
for competitors to sue and attack
the ultimate cash generation mechanism
producing the sales.
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Divorce and Bankruptcy Insurance |
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Divorce and business bankruptcy rates
are now at a record high in many western
countries. People wishing to protect
their assets from marriage breakdown
or Bankruptcy can effectively do so
by establishing an Offshore Vehicle
designed solely for the purpose of
taking possession of assets.
If structured carefully one may be
able to transfer ownership of assets
without transferring complete asset
control or access. If, however, one
becomes concerned that divorce or
bankruptcy is looming (or even before
that time), the Offshore Vehicle may
take complete control of the assets,
thus shielding the assets from Family
Court division and/or creditor's claims.
In addition to this, an Offshore
Vehicle of the kind described can
provide investment growth potential
as well as reductions in future tax
liabilities.
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Offshore Employee Welfare and Retirement Structures
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Due to complex legislative requirements in many countries traditional Employee Share/Option Plans and Employee Bonus Plans are becomingly increasingly costly, both to establish and administer. An Offshore Employee Fidelity Structure or Welfare Fund can provide benefits similar to an Employee Share/Option Plan or an Employee Bonus Plan but at a fraction of the cost.
Traditional structures are greatly limited in terms of where funds can be directed (often invested in the company's shares only). Offshore Superannation/Retirement Funds retain much of the flexibility to operate outside of the onerous regulations of most local superannuation schemes. Hence an Offshore Superannuation/Retirement Fund may invest in a wide range of investments including high yield/risk investments (such as Currency Trading, Bonds, Derivatives). As an Offshore fund is able to pursue a far wider range of Investment options, the fund can be utilized as a high returning investment vehicle for both employer and employee alike, in addition to benefiting them by their receiving tax-preferred treatment on retirement or termination. Tax deductions may also be available for payment of contributions to non-resident Superannuation/Retirement Funds.
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Offshore
Will Structures |
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An International Will structure can
be created in such a way that the
individual's estate is passed to an
Offshore Beneficiary. The Beneficiary
can be established for the sole purpose
of benefiting certain nominated persons,
without giving control of the assets
to those persons. That way, you can
be sure that the value of your assets
is not wasted after you pass away.
Such an arrangement can be highly
flexible in that the transfer of assets
through the execution of a will doesn't
preclude you from enjoying the use
of those assets whilst you're still
around!
Additionally by nominating an Offshore
beneficiary to receive your estate
you automatically make it very difficult
from a practical perspective for disgruntled
family members, in-laws or creditors
to ever get their hands on your estate.
This is because pursuing an offshore
entity in a foreign court tends to
be a very costly and rather uncertain
business.
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Start
your Own Finance Company |
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Specific Offshore Entities can be
utilized for arms-length financing
for a company or group of companies.
The key to the success of such a venture
is to ensure that the Offshore Structure
is established within the current
commercial and operational objectives
of the company.
Companies may create effective Offshore
structures to enable them to become
self-funded, without local laws limiting
the amount that can be claimed at
home by way of tax deductions for
loan fees or interest payments.
Commonly, funds are passed to an
Offshore entity that, via an Offshore
Finance Company, on-lends those funds
to the onshore resident company. In
certain situations it is even possible
to claim a tax deduction for the initial
payment of funds overseas as well
as for interest payments made to the
Offshore Finance Company! Careful
planning, documentation and Professional
assistance is required for the success
of such a venture and clear commercial
objectives need to be obvious from
the outset.
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Offshore
Insurance Companies |
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Businesses looking to maximize tax
deductions for insurance premiums
or to access insurance premiums at
wholesale rates often choose to set
up their own "Captive" Insurance
Company Offshore.
In this scenario a business will
insure its risks with its own Offshore
Captive Insurance Company (at the
maximum premium cost considered commercially
realistic). The Offshore Insurance
Company then will commonly reinsure
those risks at a lower rate elsewhere,
with the difference captured in a
nil tax environment.
An additional advantage is that surplus
funds can be invested by the Offshore
Insurance Company in a far wider range
of investments than it would be entitled
to consider in an onshore environment.
Hence an Offshore Insurance Company
has the potential to make considerably
more from its investments than if
it were registered onshore.
Commonly the returns on the investments
themselves will be received, accumulated
and even reinvested Offshore, completely
tax free.
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