Selecting a Jurisdiction
Due to the large amount of jurisdictions
available, and difficulty of obtaining first hand knowledge about
the actual functioning of jurisdictions and structures as explained
in promotional materials, one should be extremely cautious when
selecting the most suitable package for either international trading
or protection of personal assets.
Professional guidance is not cheap
but essential (given the risks), to ensure the solution is in fact
a fully comprehensive one. Most offshore jurisdictions are free
from foreign exchange controls and their company laws enable a variety
of international business, however it is vital to research whether
such country has a positive international perception or not. Straight
away one must weigh the importance of such factors as the impact
on business partners or one's bank of using a company registered
in a so called 'tax haven', in contrast to less conspicuous international
structures secured in a treaty jurisdiction, or an onshore company
that combines also offshore benefits.
Double Taxation Avoidance Treaties
All countries or 'jurisdictions'
fall into one of two classifications: Treaty jurisdictions (countries
which have agreements with other states so that tax is only paid
in one of the countries) and Non-Treaty jurisdictions (countries
without such a network), either of which shall be more appropriate,
according to the taxation implications of the business that is to
be conducted.
A treaty jurisdiction is where
clients opting for the benefits of double taxation treaty relief
should divert their attention to, incorporating therein so as to
minimizing any withholding taxes on the payment of dividends and
royalties from contracting states.
On the other hand one should opt
for a Non-treaty jurisdiction where lack of corporate taxes on company
profits is paramount. Such benefit comes at the minimal cost of
a fixed annual license and maintenance fee. Typically a treaty jurisdiction
would not be required for international movement of goods and most
services, although inbound investment into certain countries, may
necessitate the use of a treaty jurisdiction to mitigate taxation.
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