At the moment, the differences between the structure,which is not an offshore company? and an organization registered in the preferential tax zone is more than significant. This fact stimulates many entrepreneurs to open companies in offshore zones.
Among large companies, and not only, steelquite popular offshore zone. Under them is to understand the country or its part, in which there is no tax burden. This means that companies registered in such a territory will not have to pay taxes. But for this you need to fulfill certain conditions, which usually boil down to the payment of the annual fee and the lack of activity in the territory of this jurisdiction.
Such zones can be divided into three key groups:
- Первая.This group includes those jurisdictions on whose territory there are no financial statements and low taxation. Moreover, companies registered in such countries can expect a high level of confidentiality. Such zones are used as a destination where funds from various organizations are accumulated.
- The second.In this case, we are talking about territories, which are characterized not only by tangible financial benefits, but also financial statements. It is in jurisdictions of this type that financial and economic operations can be carried out, but on condition that they are conducted within the framework of one state. An example of such zones is Cyprus, the states of Wyoming and Delaware (USA).
- The third.This group of offshore territories includes Western European countries that use an international agreement on the absence of double taxation. They provide various companies with the possibility of residency, with the right to be subsequently managed by non-residents of the country. The characteristics of this group are relevant for the UK, the Netherlands, Belgium, Luxembourg and Switzerland.
Based on the above information is not difficultto make the following conclusion: an offshore company is a company that has passed the registration process in the jurisdiction where there is a preferential taxation and there is no currency control. It is also worth understanding the following fact: such legal entities are managed by non-residents of the offshore country. And besides, they do not carry out any economic activity on the territory of the state where they are registered.
Продолжая разбираться в том, что такое оффшорная company, you need to pay attention to the need for inter-trust agreement for full-fledged work in other countries of the legal entity that was registered in the preferential tax zone.
There are several compelling reasons to justify the existence of legal entities of this type:
- Participation in business.For many companies engaged in foreign trade, tax optimization, acceleration of financial flows and simplification of work with documentation are relevant. Such organizations use offshore zones also to protect their financial assets from possible illegal claims by fiscal authorities. In fact, such a company performs the role of an intermediary, connecting the buyer, the leading international business and the seller, who registered the legal entity in the offshore zone.
- Storage of funds.There are quite a few businessmen who have managed to accumulate significant amounts and are interested both in their preservation and in the free movement of their own capital at the international level. In this case, it's time to remember what an offshore company is. Having opened such a legal entity, the owner of an enterprise or, say, a bank, will be able to maintain confidentiality (no one will know that it was he who opened the company), not to depend on the political situation in the state in whose territory his business operates, and save significantly on taxes.
- Imports of fixed assets.Zones with existing tax incentives are ideal for moving fixed assets of enterprises. Suppose there is a need to import a certain production line. To reduce the amount of tax payments, this line is purchased in the name of an offshore company, after which it is paid in as a statutory fund.
It is obvious that for many Russian businessmen it is extremely profitable to move capital to countries with tax breaks and a lack of financial reporting.
If the entrepreneur does not have the desire to independently register a legal entity in the preferential zone, he can examine the list of offshore companies that have already been created and put up for sale.
Perhaps not everyone knows this, but within the CISthere is also a territory within which there are significant tax breaks. We are talking about the Kaliningrad region. At the same time, Russian offshore companies can be registered even by non-residents of this region.
Owners of similar companies in other areashave the ability to buy and sell securities in Russia. To carry out such transactions, an agency agreement will be required on behalf of a foreign investor, which may be a private offshore company.
There are several ways in which you can determine which jurisdiction a particular organization is in:
- Use the data available on the official website of the company (see the details and compare with the list of offshore zones).
- Refer to the list of affiliates of the company. It is a question of the information, concerning legal and the physical persons, influencing activity of the company.
- To send a request to the organization regarding information relating to its owners. But this privilege is available mainly to government agencies.
- Use media resources. Some journalists may have information about who owns a particular company.
Determining what an offshore company is, it is importanttouch and the question of its registration. In general, this algorithm is not difficult. To begin, the entrepreneur determines the name of the company, after which the local registration agent begins to take certain actions.
If no match is foundnames, the process of registration of the Memorandum and Articles of Association begins. Then the entrepreneur is appointed by the first director, and he signs the paper, according to which the agent does not have his own interests in the company and does not claim its ownership.
The ability to manage a company has eitherdirector, or attorney, who acts on the basis of power of attorney. In this case, only a bank account can be used as an asset. That they, in fact, will have to manage. This can be done through software or by fax. As for opening an account, this process can be conducted personally by an entrepreneur or an intermediary.
At the same time, participation in offshore companiesimplies periodic checks by the bank for compliance with the described business direction and the actual turnover on the account. It is also possible to open an account in a Russian bank. In order to use one of the modes available for non-residents of the Russian Federation, it is necessary to obtain accreditation and register with the tax inspectorate.
Based on the above information creatingAn offshore company can be defined as one of the most effective business tools, especially international. We are talking about favorable terms of currency operations and tax planning.
