Swiss Banking Secrecy

The Swiss banking secrecy is subject to much discussion at the moment and Switzerland is under strong pressure to change the country’s banking secrecy laws. It is easy to say that Switzerland immediately must change their banking secrecy laws since it only protect criminals around the world. But why does Switzerland have such strong bank secrecy and why was the laws in this area once created? There is almost always a good reason (well, a reason anyway) behind laws and of course the Swiss banking secrecy laws are no exception.

Switzerland itself explains that “According to the Swiss conception of democracy, citizens are not here for the State, but rather the State is here for the citizens. Citizens are not primarily taxpayers, but rather free human beings who have a right to privacy. Banking secrecy should be seen in this context. Banking secrecy protects the financial privacy of citizens from unauthorized access by other private persons or also by the State. Banking secrecy does not protect criminals, however: banking secrecy is subject to various legally defined limits.”

One could always argue about how strong secrecy laws should be but the philosophy that the citizens are not here for the State, but rather the State is here for the citizens is something that most of us will be prepared to accept even though in the practical life you have the impression that the situation is quite the opposite.

Switzerland has published a more detailed account for its bank secrecy and the country’s obligations in an international context with exchange of tax information etc. It is definitely worthwhile reading for anyone who would like to get more knowledge in the subject and the complete text can be obtained by clicking the link down below.

Swiss Banking Secrecy according to Switzerland

…that Cyprus is regarded as having the most attractive tag regime in Europe?

In a survey KPMG interviewed more than 400 tax professionals across Europe. According to the poll Cyprus was regarded as the most attractive tax regime in Europe followed by Ireland, Switzerland and Malta. The least attractive tax regime was that of neighboring Greece.

… in Cyprus you can earn up to 19.500 Euros without paying personal income tax

Most jurisdictions allow for a free amount to be earned without having to pay personal income tax. This non-taxable amount differs from jurisdiction to jurisdiction but it is clear that Cyprus is one of the jurisdictions having the most generous rules in this area. According to Cyprus tax law you are allowed to earn up to 19.500 euros per year tax-free.

Thai Company Structure

Thailand is not a tax haven or an offshore center. However, Thailand is a very popular country in which to buy real estate and this can be done with an offshore structure although it is not possible to buy real estate directly from the offshore company. Instead an offshore structure with a local Thai company and physical owners has to be created.

ILO Real Estate Co is a Thai Law Firm that has published an example of how a Thai Company Structure in order to buy real estate in Thailand could look like. The Schematic consists of a pdf-file that can be downloaded down below.

Thai Company Structure

Some Basic Characteristics of an International Business Company (IBC) in Belize

Belize is a popular jurisdiction for incorporating offshore companies and IBC’s incorporated in Belize are often used by high net worth individuals to lease and own property, estate planning, tax optimization and also in conjunction with trust and by international companies in cross border transactions.

A Belize IBC is a tax-free and exchange control-free Limited Liability Company, incorporated under the laws of Belize. However all its profit-earning activities must be conducted outside Belize. A foreign company also has the option to continue under the law of Belize as an IBC and would still have all the benefits provided by law.

A fundamental feature of the IBC in Belize is how the law was specially designed to be cost saving. Because there are no minimum capital requirements, no need for audited accounts, no annual returns, no requirement for a local director or secretary and no requirement for an annual general meeting, the costs of maintaining a Belize IBC are kept to a minimum.

Another feature that makes a Belize IBC attractive is its flexibility. Only one director and one shareholder are necessary and it may have bearer shares or registered shares, voting or non-voting shares as well as the authorized share capital may or may not have a par value. The IBC may conduct any business that is not prohibited under the laws of Belize save and except for banking, insurance, trust management and collective investments, which requires a license. The IBC may also purchase its own shares and redeem its own shares.

Although the Belize IBC must conduct all its profit earning activities outside Belize, it may lease an office in Belize, obtain the services of Belize professionals and trust companies, keep its company records and hold meetings in Belize, operate an account with a local Banking institution, hold shares in another Belize IBC and own vessels registered in Belize.

To register a company in Belize proper due diligence is carried out by the registered agents in compliance with The Money Laundering Act and Code of Conduct in Belize. A company may choose to have nominee directors or nominee shareholders; however, the only document presented for public filing at the registry is the Memorandum and Articles of Incorporation. There is no requirement for public disclosure or annual filing of accounts under the act. The Financial Intelligence Unit of Belize and the International Financial Services Commission of Belize are the only two organizations that have privy to client’s information upon request.

Information from Deloitte about the Tax System in Cyprus

Deloitte is one of the largest providers of audit, tax,consulting and financial advisory services in Cyprus and constitutes a part of Deloitte Touche Tohmatsu (DTT) that is one of the world’s leading professional services firms with almost 170.000 people in more than 140 countries.

Deloitte’s professional services in Cyprus includes:

• audit of financial statements in accordance with International, UK or US audit standards tax services to both Cyprus and foreign companies,
• consulting services including financial and management consulting,
• EU advisory services,
• information technology (IT) and human resource consulting,
• investment & wealth advisory services,
• e-business services including technical and tax services,–
• corporate finance services as well as advice andassistance to private companies considering to go public, –
• accounting services, formation of companies with lawyers and special services to international business companies.

Deloitte has published en excellent brochure/book with the title ‘Cyprus Tax Facts 2010′ that gives an easy to understand but still comprehensive description of the Cyprus Tax System. The publication is a must for anyone thing about incorporating a company in Cyprus or in any other way setting up an offshore structure where Cyprus is included.

The publication informs about almost everything in the Cyprus Tax system from offshore companies and International Business Companies to Royalties and pensions.

The publication is in pdf-format and can be downloaded directly by the link below and the website of Deloitte Cyprus can be reached at the following address: http://www.deloitte.com/view/en_CY/cy/index.htm

Download: Cyprus Tax Facts 2010

Update on German Authorities buying information on Germans having hidden money in Swiss Banks Accounts

Since a couple of months ago there have been a lot of fuzz in the media regarding data with information about Germans having undeclared money in Swiss Banks Accounts. The data has been stolen from a Swiss bank and the person who has stolen the information has offered the German state to buy the information.

The German authorities did already in 2008 purchase data stolen from a bank in Lichtenstein and earlier this year the German federal government authorized the state authorities to buy the information, even though it was obtained illegally. Therefore it seemed rather obvious that the states would take the opportunity to hit hard against the tax evasion and on Friday a spokesperson for North Rhine-Westphalia (NRW) said it now had received the information about the bank accounts bank on a CD. How much it has paid for the information was not revealed.

The case has deeply shaken Switzerland’s large private banking industry and Germans hold an estimated 200 billion euros in undeclared funds in Swiss banks. Only in the past months almost 6 000 Germans have turned themselves in to the authorities which is expected to make it possible for the German authorities to recover about 500 million euros of lost taxes.

The Dominican Republic – an Alternative for Offshore Real Estate Investments

The Dominican Republic is not a traditional offshore and tax haven but it is a nation that has many advantages such as the possibility to apply for a second passport already after two years of residence. Another attractive feature of the Dominican Republic is the prices of real estate that are only a fraction of the cost on many of the other Caribbean Islands.

But if you are interested in an offshore investment in the form of real estate and becoming an expatriate in to the Dominican Republic you must wonder how it looks like over there. Well, a video clip can say more than a thousand words and accordingly we refer to the video clip here down below. Watch and enjoy. And then book your flight to the Dominican Republic.

Dominican Republic

A nation that is not often mentioned when discussing offshore solution is the Dominican Republic in the Caribbean. The Dominican Republic is the second largest nation in the Caribbean with almost 49 000 square kilometers and about 10 million inhabitants.

It should be made clear that the Dominican Republic is not a traditional tax haven as many of the other Caribbean Jurisdictions. But even so it may have its advantages as an alternative to more traditional and ‘real’ offshore jurisdictions. You do only pay taxes on local income and what you earn abroad is not subject to any taxes in the Dominican Republic and you do not even have to declare this income to the authorities.

The great advantage with the Dominican Republic is the possibility to relatively easy and within a relatively short amount of time obtain a second passport. The main rule is that you can apply for a passport already after two years of residence. Even better is that there are no obligation to abandon your present passport and thus you can enjoy the advantage of having dual citizenship if you wish to.

You can read more about Dominican Republic at Wikipedia.

Monaco’s Position as a Tax and Secrecy Haven

Monaco has since long established itself as a home for the riches. One of the means to achieve this status has been a tax system with almost no taxes in combination with strict secrecy laws. Actually only French nationals pay income tax in Monaco and these taxes are paid directly to the French Government. Other nationals pay no income tax at all in Monaco.

However, like many other low-tax jurisdictions, Monaco has been put under international pressure and last year adopted international standards for banking openness and information-sharing. This adoption includes a commitment from Monaco to abide by the standards outlined under Article 26 of the organization’s Model Tax Convention, which requires the tax authorities to exchange information on request if there is probable cause to suspect tax evasion.

The following video shows not only the extraordinary life that you can enjoy in Monaco but does also highlight some of the issues that Monaco faces following the changes that are taking place on an international level regarding the openness and information-sharing with offshore and low-tax jurisdictions.

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