georgegt said:
Again, if you have a better structure then share it. Do what dwilson did, he wrote down a good structure. This is a forum to give ideas, of course you can write down that you disagree and say this and that, but if you are going to do it, then please share with us your offshore expertise and write down a good structure. I invite you to do it.
I stumbled across this blog purely by accident and I found some of the comments and advice quite interesting , so I would like to throw my two cents if I may.
All the advice given seems pretty solid and each have their merits, with one exception being bearer shares.
1st) Creating and employing an off shore corporate structure only makes sense if you are starting an open ended investment collective scheme fund i.e. a hedge fund, a fund of funds or a private equity fund where you will have investors from all over the world and there will be a myriad of tax issues for each investor if you were registered onshore , so an off-shore set-up deals with any double taxation issue when investors from a multiple of nationalities buy assets class shares of your fund.
2nd) The second reason to create an off-shore structure is because your EBITDA is being generated from a jurisdiction outside of your current residence or citizenship. Example you own or invested in an manufacturing company of goods in Chile and they sell the goods to Asian countries only. The off-shore set up works for you as with the fund example double taxation can and should be avoided as you are not generating any profits or manufacturing any commercial goods in the country of your residence so an off- shore structure will adequately deal with taxation as onshore government tax treaties do not.
3rd). The last reason to create an off-shore structure is for asset protection and I mean if you have real assets to protect. If you are fortunate enough to have acquired sizable assets that need protection from law suits and other greedy sticky finger individuals and government entities then hey having and off-shore structure is self explanatory.
In regards to bearer shares yes they are pretty much obsolete and all governments are requiring that they are held by a registered agent but the reason is because of legal challenges against the companies that they represent it has to do with the court systems. I have used bearer shares with no problem at all some registered some not registered opening up bank accounts in Europe money talks and BS walks. EIther you have real risk disposable capital or you do not.
I have never in all my years seen or heard of a bank turning down deposits or bank accounts because they have bearer shares or companies not wanting to trade with a bearer sharer company that is as insane as someone telling me if US taxes go up on corporations in 2013 I will take my business elsewhere, no true businessman issues such extreme ultimatums , neither do banks.
There has been a considerable increase in lawsuits and criminal prosecutions of off-shore companies with bearer shares and the jurisdiction are torn between the law and the issuance of bearer shares. You have to identify the owner of a company in court proceedings against any company. The Liechtenstein tax case of 2008 involving LGT illustrated the difficulty that government authorities had in prosecuting companies that they could not identify that were bearer share companies with huge bank accounts in LGT that is how LGT and Liechtenstein skated on the 2008 tax case and UBS and Switzerland landed squarely in the cross hairs of regulators and tax prosecutors because UBS was the largest custodial holder of debt to LGT and UBS could not hide behind secrecy they are to global and too big.
Bearer shares offer no more privacy than registered shares nowadays , they are just easier to liquidate than registered shares , all you have to do is be compliant with the bank of deposits AML regulations and you can move bearer shares in the middle of the night into another jurisdiction and be paid , minus the heavy fees most private banks will hit you with in order to do the transaction.