Living and Working Abroad?
by InvestorsOffshore editorial
staff, February 2012
IMPORTANT WARNING:
The contents of this report have been compiled in good faith by
Investorsoffshore.com to provide assistance to investors, but do
not constitute investment advice or recommendations. Investors should
not rely upon the information given in order to choose types or
routes of investment but should make their own independent enquiries
before making choices. Investorsoffshore.com has taken reasonable
care in researching and presenting the information herein but makes
no representations as to its accuracy and accepts no liability for
actions taken or not taken as a result.
Whether you are still in the planning stages of expatriation, or
have already made the move overseas, it is worth considering the
benefits that offshore banking and investment could hold for you
in what is, after all, a financially advantageous position. Continuing
globalisation, and the increased use of electronic banking have
meant that for you as an expatriate, a multitude of opportunities
have opened up which would not have been available a few years ago
- now the world is quite literally your oyster!
For most expats, offshore banking and investment offers opportunities
for greater tax efficiency, confidentiality, and the ability to
take advantage of an international investing perspective, free of
the petty restrictions that often apply in high-tax countries.
These freedoms do of course depend on your residential status and
the tax rules in your home country. For most expats a period of
non-residence will be just what the bank manager ordered; but for
some nationalities, US citizens for instance, mere expatriation
isn't enough to escape home taxes.
Offshore Banking
In most offshore jurisdictions, interest earned on bank deposits
is free of tax for non-residents. Also of great importance from
an expat point of view is the convenience factor associated with
offshore, for example the ability to receive and deposit funds remitted
from your home country, or income earned from working overseas (for
example fees, salary and expenses), in sterling, US dollars, or
any one of a number of hard currencies.
Many offshore banks offer a range of services and options, including:
-
Instant access accounts with credit card facilities;
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Fixed term deposit accounts, with the interest
rates tiered according to the length of the term, and the size
of the deposit, although usually levelling off at around the £100,000
mark;
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Conventional variable-interest deposit accounts,
which may offer higher rates than fixed-term accounts.
Setting up an offshore bank account or investment portfolio should
prove to be no problem once you have decided on the location and
type of account. There is generally a minimum amount for offshore
deposit accounts, and due to recent legislation designed to prevent
money laundering, identification is usually required, despite the
claims of some shady service providers to offer 'fully anonymous'
offshore banking. Once the account has been established, and if
you are depositing a significant sum, a relationship manager will
usually be assigned to advise and assist you in the management of
your assets.
You will almost certainly need to open a bank account in your country
of residence for day to day transactions. If you are spending most
of your time there, you will probably have to pay taxes on income
paid locally, so it will often be best to have as much as possible
of your income paid directly into your offshore account in hard
currency. This incidentally protects you against any large fluctuations
in the value of the local currency.
One note of caution however: the trend towards greater regulation
of financial services in the post-Lehman Brothers era has placed
greater onus on offshore account holders and banks to report information
to the client's home jurisdiction for tax purposes. This is especially
the case for US citizens who must comply with America's Report of
Foreign Bank and Financial Accounts (more commonly known as FBAR)
rules and the incoming Foreign Account Tax Compliance Act (FATCA).
In addition, the European Savings Tax Directive may have implications
for European expats.
Such tax reporting rules are complex and there isn't the space
in this brief primer for a detailed exposition of the tax implications
for expats banking offshore, but it is obviously wide to stay cognizant
of the situation.
Offshore Investment
Offshore banking is, of course, not the only option available to
you; depending on your situation, financial status, and degree of
openness to risk, there are a variety of offshore investment options
open to you as well. Funds are the most straightforward and readily
available option. These range in risk from low yielding bond funds
to highly-geared hedge funds, so there is something for everyone.
Fund investment is especially suitable for the busy expat, because
you can choose to invest in a certain class of assets without having
to examine the characteristics of individual assets in detail. The
tax efficiency of offshore funds often means that they have higher
yields than equivalent onshore funds, so it may pay you to transfer
existing onshore assets into offshore funds, although you have to
be careful about the costs of transfer, and especially capital gains
tax. You also have to consider what may happen when, and if, you
go back.
As is the case onshore, there are two different types of investment
fund available:
Private funds. Suitable for those expats with a longer term investment
horizon, and more capital (usually not less than $1,000,000, although
individual investments may be as little as $50,000). These are usually
closed-end funds, involving up to 50 investors, and often generate
greater returns than public funds. Quite often they would use a
structure known as a Limited Partnership which allows residents
of higher-taxed countries (eg the US) to repatriate profits to offset
against losses or expenses at home. This might be a suitable structure
depending on your long-term plans.
Public funds. These are usually open-ended, i.e. you can sell out
at any time, which gives investors more flexibility. More and more
public funds are based in offshore jurisdictions even though their
investment targets may be in high-tax areas. If they have invested
in capital assets (eg capital growth funds or real estate) then
gains will be tax-free. As is the case onshore, there is a wide
range of portfolio management tools available from offshore fund
management groups.
Offshore equity investment is another rapidly developing investment
sector, which may also be of interest to you as an expatriate. Equity
investment used to mean investing in securities listed on your local
stock exchange to the exclusion of foreign stocks, but of recent
years, all this has changed. There is a growing number of stocks
that are listed offshore - dividends and capital gains will of course
be tax-free and they can be bought through local brokerages. As
long as you have a satisfactory non-resident tax situation, you
can also buy onshore equities without risking capital gains tax,
but you will find that dividends have usually been subject to withholding
tax, which you may not be able to reclaim.
This is an area in which the Internet has opened up new possibilities
for investors, as online brokerages and some investment sites and
exchanges allow you to manage your portfolio quickly and easily
wherever you are in the world. The physical barriers to international
investing of a few years ago simply do not exist for today's expatriate
investors. Expatriate investment is therefore not limited to funds
and equities, but can also include other types of onshore investment
activity such as derivatives trading (futures and options), and
their cousins spread-betting and contracts for differences. Exchanged-traded
funds, or ETFs, have also become very popular in a past five years
or so as they allow investors to buy and sell a basket of securities
like equities and bonds at much lower transaction and tax costs.
But it must be said that risk doesn't diminish with distance: arguably,
if you are away from a particular market-place, with even the best
on-line information sources you are somehow missing knowledge you
might have had if you were present. These more exotic types of investment
are not for the faint-hearted!
Pensions Investment
Whilst you are thinking about offshore investment, it may be worth
giving some thought to your pension. Although pensions investment
is usually tax-privileged in high-tax countries, as an expat, you
face additional problems, namely that while non-resident, you will
probably not be able to continue taking advantage of the tax incentives
'at home', even if you want to retire there.
Pensions investment is a tricky area for expatriates, and more
than ever you will need to consult with an independent professional.
However, you can consider your basic options prior to doing so,
and these will depend greatly on the circumstances surrounding your
expatriation.
If you are employed by a company in your home country (and are
part of an in-house pension scheme), and you are moving abroad to
work for that same company, then in some countries you may be able
to continue contributing to that plan; in the UK for instance you
can continue to contribute for a maximum of 10 years.
If you are moving abroad to work for a company with no ties to
your home country, then you may be allowed to join their local pension
scheme. Only in a few cases will you be able to transfer the pension
rights back to your country of residence when you return, unless
you continue to work for the same company; and usually the terms
of transfer are highly unattractive.
If you have been contributing to a personal pension scheme, however,
the news is usually worse, as in certain countries, for example
the UK, you are only allowed to contribute to your pension plan
for as long as you are taxable there.
The right decision will obviously depend on your personal circumstances.
If however you are going abroad for an extended period, and especially
if there is a good chance that you will retire to some other part
of the world, there may be an argument for transferring your home
pension assets offshore straightaway, even though that may (probably
will) entail a tax penalty if your contributions have been tax-privileged.
On the other hand, the tax penalty of transfer taken together with
the exit penalty from your scheme may combine to make a transfer
very costly. If you are lucky, you may find that your pensions provider
has an offshore branch, and you may be able to induce them to make
the transfer on favourable terms in order to keep your business.
Whatever you decide to do about your existing pensions arrangements,
once you have established non-residence (and non-tax-paying) in
your home country, you will have many options open to you to make
retirement provision offshore, in order to take advantage of the
peace of mind of knowing that your assets are secure however your
circumstances change, and the greater flexibility over retirement
date, payments, etc, which could be so important to you as an expat.
These options can't be examined in this brief primer; however,
there are two broad categories of pensions provision to choose between:
Designated pension or retirement schemes. There are many of these
available now, and they usually accept payment in a wider range
of currencies, and generally require less maintenance on your part.
However, they do require a longer term commitment (not ideal if
your personal circumstances are uncertain), and the penalties for
early withdrawal can be punitive. Although they may appear to offer
less generous rates of return than on-shore schemes, remember that
this is because they don't assume tax relief on contributions. Instead,
you will receive the benefits tax-free if you remain offshore.
The DIY approach. You can opt for a more diverse portfolio made
up of different types of investment. This is obviously less of a
safe bet, but it does mean that you can retain greater control over
your assets, and there are no penalties should you need to withdraw
for any reason.
Offshore companies
If you are going to work in a country which wants to tax your world-wide
income, or are going to return to your home country to a world-wide
taxation regime, then you may want to consider establishing an offshore
company.
This is another complex area in which professional help is needed,
but the interpolation of a company can sometimes distance you from
your income sufficiently to avoid taxation. In some countries there
are plenty of rules to prevent this; but not in all, by any means.
The following may be of especial interest if you are providing
a personal service (for example in the finance or engineering industry),
or if you have a substantial investment portfolio:
-
Holding Company: This can be
used to hold investment portfolios, and is useful in providing
enhanced privacy. It can be particularly useful in some offshore
jurisdictions if you want to become locally resident, and need
not to receive income yourself, although you may have a problem
with ownership restrictions on residents. (This leads people to
set up strings of holding companies in different jurisdictions).
If the income of a holding company is used to make further investments,
it may be that you won't be taxed on it even when you return to
a high-tax domicile.
-
Personal Service Company: If
you are engaged in providing a personal or professional service,
you may be able to achieve considerable tax savings, as you can
contract to supply the service regardless of residence, and the
fees earned can accumulate offshore while you work for a low salary
in the country where you are taxed. It only works in some countries,
and you may have to do something more complicated than just owning
the company yourself, if it is not to be 'looked through' by the
taxman.
There are, of course, many other types of offshore company that
can be formed to deal with the needs of large corporations, or expats
with very specific needs, i.e. globetrotting entertainers or sportsmen.
Offshore Trusts
An offshore trust can be set up by an expat to serve the same basic
purposes as an offshore company, namely confidentiality, tax minimisation,
asset protection, and estate planning.
The principal difference between the two structures is that with
an offshore company, ownership is maintained, whereas with an offshore
trust, ownership is transferred. This has the effect of creating
more distance between you and your wealth, so that it's harder for
creditors, the taxman or your ex-spouse to get at it!
Trusts used to be primarily aimed at tax avoidance, but in recent
years the tax authorities in many high-tax countries have passed
'anti-avoidance' legislation that lets them attack trust assets
while you are alive, although they are still effective against inheritance
taxes. Trust assets won't be taken into account during the probate
process, so that the death of the settlor does not affect the administration
of the trust, which still remains under the custodianship of the
trustees. This also allows a settlor to maintain confidentiality
over the size of the estate, and avoid the delays and possible publicity
which would come as the result of a lengthy probate procedure, not
to mention the saving on inheritance tax.
Trust assets will remain in the trust for as long as the original
Trust Deed prescribed (in perpetuity, if necessary, or for lesser
periods), or until the terms of the trust permit or require the
Trustees to distribute them.
Another area in which the use of trusts is growing is asset protection,
so if you have a fairly substantial liquid net worth that you would
like to protect, before, during, and after your expatriation, an
offshore trust may be the way to go.
A basic trust structure consists of three entities; the settlor,
who sets up the trust, the trustee, who acts as custodian, and the
beneficiary/ies, who can receive income from it.
Trusts originated in England, and most of the ex-British offshore
islands have trust legislation. Civil law countries on the other
hand tend not to have trust laws, although some of them have copied
the concept of a trust in order to compete effectively.
However, Foundations are becoming an increasingly popular alternative
to the traditional common law trust, especially for investors originating
from civil law jurisdictions where trusts are an unfamiliar concept.
Unlike a common law trust, a foundation is a legal entity more
akin to a company and as such, it is usually entered onto the Companies
registry in the jurisdiction concerned. The assets in a trust tend
to be managed according to contractual rather than fiduciary principles,
although foundations are used for much the same purpose as a trust
- ie for asset protection and succession planning.
Foundations are formed by a founder who provides the initial assets
of the foundation, otherwise known as the endowment. Whereas trust
assets are held by a trustee, a foundation has a council which acts
much like a company board and which is responsible for fulfilling
the purpose of the foundation, although there are no shareholders.
Beneficiaries have contractual rights to enforce the operation of
the foundation in accordance with its constitutive document –
rather than proprietorial rights in its assets.
Spotting an opportunity to tap into the increasingly lucrative
wealth management markets of Asia, Latin America and other emerging
economies, some common law jurisdictions have recently introduced
legislation allowing for the formation of foundations, including
the Bahamas, Jersey and the Isle of Man, while Guernsey is expected
to finalize foundations legislation during 2012.
Choosing Your Jurisdiction
There are several factors to consider when choosing an offshore
jurisdiction from which to bank, invest, or trade as an expatriate.
The following are areas that you will need to look at in order to
make a considered and profitable decision:
Political and economic stability. This is a basic, but important
concern.
Legislature. The situation with regard to banking secrecy, for
example, is undergoing changes at present, and it is worth keeping
abreast of any issues which may impact on your investment, before,
during, and after expatriation.
Professional infrastructure. This will need to be up to a good
standard, in order for you to receive the support and services that
you require, so you will need to check the banking, professional
and advisory services available, whether the jurisdiction is well
equipped to deal with the particular offshore structure that you
wish to set up, and the general standard of the business infrastructure
in the jurisdiction. For a comprehensive guide to the relative strengths
and weaknesses of jurisdictions, and contact details for service
providers in each, please click
here to visit the Lowtax jurisdictions guide.
Communications network. This is an obvious concern, but needs addressing.
As an expat, you will presumably not be resident in the offshore
jurisdiction itself, and may be moving around on a regular basis.
You therefore need to check that effective communication between
yourself and your advisor, bank, or custodian will always be possible
(and preferably that you all speak the same language with at least
a reasonable degree of proficiency!)
Geographical location. This needs looking at carefully, as it is
of especial concern to expatriates. Assuming that your expatriation
is of fixed duration, you do not want to have to move your money
from jurisdiction to jurisdiction as you move around, or repatriate.
The idea of investing it offshore is that it is safe, and easily
accessible from anywhere in the world, in keeping with your global
lifestyle. It is therefore important that you consider the time
zone in which your offshore structure is based. For example, an
expatriate based in Australia would find a relationship with a Hong
Kong bank very easy to maintain, but an offshore structure established
in Jersey or Ireland virtually inaccessible, during normal business
hours at least. Online banking makes this a little less of a concern,
but it still needs to be looked at.
As you can see, even from this basic guide, the offshore options
for you as an expatriate are many and varied, and there is something
for any situation and pocket. However, it is always advisable to
seek one-to-one financial advice before making a decision about
the type of investment that is right for you.
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