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Ensuring tax residency

Discussion in 'Offshore Business Discussion' started by dotpedal, Jan 6, 2017.

  1. dotpedal

    dotpedal New Member

    Hi,

    What can I do to ensure my company's tax residency is indeed in an offshore jurisdiction and not Canada in the eyes of the CRA? Canada has a tax treaty with Bahamas (the jurisdiction I'm looking at). I have a online web business. So far, here's what I have listed:
    • 1-2 yearly meetings with the company shareholders in the Bahamas where we make the plans for the business
    • Bahamas support representative (all emails etc. will be answered by someone who lives in the Bahamas)
    • Bahamas hosting (the website will be hosted in the Bahamas)
    • Business accounting and bookkeeping will be done by an offshore company service provider from the Bahamas
    • Registered office in the Bahamas a Bahamas law firm
    Is there anything else I should do? What do you guys do to make sure your offshore companies actually serve a purpose?
     
  2. auric

    auric Offshore Agent Trusted Member Mentor Group Sponsor

    It seems you have it all pretty much covered. Still I believe you will need to have a CPA or Tax Lawyer locally available to help you fight with the CRA once you file your annual financial tax report in Canada!

    For 10 years or so it would have been the perfect tax plan, but today after all the changes and fight against tax evasion, money laundering etc. you need to do your homework carefully and have professionals on your side.
     
  3. maxmoney

    maxmoney Mentor Group Mentor Group Sponsor

    How much do you think a tax lawyer will charge for assistance for situations like this?
     
  4. dotpedal

    dotpedal New Member

    Can you recommend anyone?
     
  5. dotpedal

    dotpedal New Member

    Should I hire this person before or after the CRA contacts me?
     
  6. auric

    auric Offshore Agent Trusted Member Mentor Group Sponsor

    I would rather be prepared and contact this person before they contact you. pay him for one or two hours and ask him how to do it the best way! If the CRA gets you with the pants down it will properly be too late.
     
  7. dotpedal

    dotpedal New Member

    OK. Can you recommend anyone?
     
  8. auric

    auric Offshore Agent Trusted Member Mentor Group Sponsor

    In Canada? I mean you need someone close to you. Not some "Internet agent" just so you don't get me wrong.
     
  9. challenge

    challenge New Member

    Get some advice from a tax lawyer.
    I don't know Canada's laws, but in some EU countries what you wrote in the first post would be NOT enough to warrant the company's tax residence in a foreign country.

    This is what happens in some european countries:
    • you declare 1/2 meetings there, you even have the proof (flight tickets). but there's only one employee(yourself).
    • tax man see there's only one employee, yourself. But you're not fiscal resident in the foreign country where you have the company located...
    • you say: hey, I have customer support there
    • tax man says: who care about customer support, where is management located? you are the management, you are here, so you'll running your foreign company from this place = you have to pay us taxes.
    • then Double Taxation Agreements come into place

    But but but: if you're company is offshore, your name is not in some public register or better there is not a public register, your offshore bank will not report your name etc, you wouldn't care about all of this.
     
    auric likes this.
  10. auric

    auric Offshore Agent Trusted Member Mentor Group Sponsor

    I second that what you say @challenge it is challenging to get this setup to be approved by the tax office!
     
    challenge likes this.
  11. mnschwarz

    mnschwarz Offshore Agent

    You might look in to having your company owned by a Foundation in Seychelles, Panama etc, all with nominee directors / councillors. You sign a consultancy agreement so that you can still act on behalf of the company for certain tasks, get paid etc. The nominees probably won't cover you alone but it is an extra barrier. The foundation however lets you legally state that you do not own or manage the company. The law in Seychelles even goes as far as stating the UBO of the foundation is the foundation itself so you are not even the UBO when banks ask. It's also advisable to have the nominees as a co-signee on the bank accounts (but don't give them full or sole access).
     
    bountymounty and auric like this.
  12. auric

    auric Offshore Agent Trusted Member Mentor Group Sponsor

    Great advise @mnschwarz thanks for the information ;)
     
  13. bountymounty

    bountymounty Mentor Group Mentor Group Sponsor

    Great idea.. do you setup a foundation? can you briefly explain the steps I have to go through to achieve it?
     
  14. sirjones

    sirjones New Member

    This sounds really good. Bahamas I read have lots of huge corporation incorporated there for tax reasons?