What is Offshore Company
Beginning early in the 20 Century, many countries
set up legislations to allow none resident entities
to establish limited liability or international business
companies to conduct business outside their jurisdictions.
There countries in general are called offshore jurisdictions.
These companies in general are called offshore companies.
The offshore sector has grown ever faster in response
to the globalization trend and it is estimated now that
more than half of the world wealth is offshore.
General Characters of Offshore Companies
Most of offshore companies enjoy favorable
tax treatments. Offshore companies in general do not
have to pay any taxes to the local government but only
a fixed annual government fee.
Bank accounts under an offshore company’s name can
be opened any where in the world with most of the international
banks, such as HSBC, Standard & Charted Bank and
BNP Paribas, etc.
Offshore jurisdictions in general have no foreign exchange
controls which allow offshore companies to remit funds
in and out of the countries freely.
Offshore companies enjoy high degree of confidentialities
as companies’ information such as directors and shareholders’
details are often protected by local laws.
Use of Offshore Companies
International Trade
The movement of goods across international
borders offers many opportunities for the use of offshore
companies. Offshore companies are often interposed in
between buying company and selling company to
1. Keep the buyer and seller’s identity confidential
2. Centralize procurements to reach scale of economics
3. Accumulate profits in tax favorable jurisdictions
4. Act as commission agencies
The recently developed ecommerce often conduct their
trading business or consultancy services to overseas
cotractors or foreign clients via offshore companies.
Financial Holdings and Investment Activities
Offshore companies are often used for variety
of corporate financing and investment activities, some
of which are indicted in the followings.
1. To invest into foreign based subsidiary or associated
companies
2. To mix of profits and losses from subsidiaries to
lower the effective tax rates
3. To obtain financing from instritutions that are themselves
free of high taxation and therefore lower the financing
costs
4. To hold foreign real estate
5. To hold equities or bonds quoted on overseas or domestic
stock exchanges
Taxations on capital gains arise from the disposal
of particular investments or on dividends payments or
on interests received may be reduced or even be exempted
through the use of an offshore company incorporated
in a low or zero tax jurisdiction.
IPO Planning
Companies who plan to go IPO overseas often
use offshore companies. For example, companies wish
to be listed on Hong Kong Stock Exchanges must be incorporated
either in Hong Kong, Cayman Islands, Bermuda or P. R.
China. And different rules and requirements apply for
China registered companies. Proper structure is essential
to the success of an IPO.
Special Projects
Offshore companies are often used to establish
separate legal entities to hold projects, to form joint
ventures, or to use of offshore funds to invest domestically.
A separate legal entity can effectively minimize risk
exposure and insert layer of protection to the established
business.
Licensing
Offshore companies may own Intellectual property
such as patents, copyrights, designs, computer software,
and technical
know-how. The rights can be licensed to companies around
the world and the royalty payments can be accumulated
offshore. International franchises can be similarly
structured through an offshore company.
Offshore Banking
Bank accounts can often be opened under the
name of an offshore company either onshore or offshore
which enable the company to deal with foreign currencies
with more flexibility.
Utilising Double Taxation Treaties
Offshore companies are often used by companies
wish to conduct business in a country where there is
no double taxation treaties with their home country.
An intermediary offshore holding company in a jurisdiction
where there is a suitable treaty enables the company
to benefit from double tax treaties and add more flexibilities
as to where the company wish to re-invest its foreign
source income and when to remit foreign earned profits
back to its home country where tax credits will be given.
Professional Services
Professionals and professional firms to offer their
services internationally often use offshore companies
to reduce their tax liabilities.
Employment Vehicle
Multinationals often use offshore company as
a vehicle to hire overseas employees and to reduce their
tax liabilities.
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