Friday, September 19, 2008

Offshore Incorporation?

Before reading further, we want to first distinguish between a trust and Private Interest Foundation. Before the 1996 change in the trust laws, they were widely used to assist in asset protection and tax sheltering offshore. Since the new implementation of the laws, the trust is no longer a safe vehicle to structure your assets offshore. Now, because of U.S. Internal Revenue Code Section 679, U.S. persons who form (settle) a foreign trust that has any U.S. beneficiary are treated as the owner of the assets in the trust for income tax purposes. There is no legal way around this, and therefore we currently work with Private Interest Foundations to incorporate offshore in place of the trust.

Private Interest Foundations, the Legal Solution....

With the recent change to new trust laws, our attorneys looked elsewhere to find a reliable solution. When placed as the majority shareholder for an offshore corporation, the Private Interest Foundation is exactly that, providing the highest level of asset protection possible. Simply stated, we place your Private Interest Foundation as the majority shareholder of your offshore corporation, leaving you as a beneficiary or nominee, not an owner by legal definition.

Since the tax authorities and creditors can only access information of foreign owned entities, the Private Interest Foundation is exempt. It by legal definition has no owner, so it does not need to be disclosed as a foreign entity you own offshore.

The owner of the offshore corporation is the foundation, which has no owner, leaving no legal ownership tied to any individual throughout the structure. This allows you to open bank accounts, withdraw money tax free, protect your assets, and remain in complete anonymity through the foundation. This structure is used by the top attorney offices in the country, many of whom we provide offshore incorporation services for. The key is working with a experienced offshore incorporation firm. There is only one place which offers this opportunity, and a chance to resell it.

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