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SPECIAL FEATURES

CHOOSING YOUR JURISDICTION -
EVERYTHING (well, almost everything!) YOU ALWAYS WANTED TO KNOW ABOUT OFFSHORE, BUT WERE TOO AFRAID TO ASK…,

by Caroline Maxwell


So you have decided that offshore is the way forward. The three most pressing concerns, then, are what type of investment you feel is right for you, where you choose to invest or bank, and how involved you are prepared to be in offshore life.

The range of offshore investment and banking options available to today's expatriate can sometimes seem a little bewildering to those not well-versed in finance, so before we deal with the choice of jurisdiction, here is a brief rundown of your options, and the advantages and disadvantages of each for an expatriate.

Offshore banking is worth considering whatever the length of your expatriation or future plans, as you can ensure that interest is paid out or added to the balance gross, and your balance and transaction details will be subject to greater confidentiality and protection. Even if you still have currency commitments at home (for example mortgage payments), there may be no need to maintain your account there to deal with these expenses, as most offshore banks are well equipped to deal with every aspect of expatriate money management, including remittances to your home country.

It is, however, worthwhile bearing in mind the charges levied for different facilities, for example credit and debit cards, cheque books and electronic transfers. By the very nature of offshore, these all involve your money being transferred across the globe, and how much this costs varies widely from bank to bank. So think carefully about what you want to be able to do with your money, and if you decide that you really need extra facilities, check who offers them at the most reasonable price, and use them wisely, otherwise the charges will mount up. If you are going to maintain substantial balances on your account, there may well be scope for bargaining over charges. If you don't ask, you don't get!

Offshore fund investment is another option which is especially suitable for expatriates, as going offshore offers a much greater variety of investment opportunities than domestic investment funds, and many more markets and providers can be accessed. The different categories of offshore fund investment require varying levels of commitment, openness to risk, and capital, so whatever your circumstances, you should be able to find something to suit you. Investment in an offshore fund also provides you with greater peace of mind, as not only is the risk spread, but the fund is likely to be managed by an expert with specialised knowledge and up to the minute resources. But stick to well-known names, and never believe extravagant promises: only if there is cast-iron evidence of superior returns over a long period of time should you consider any investment which seems unexpectedly rewarding. If it seems to good to be true, it is too good to be true!

Funds can be either open or closed-ended; open-ended funds can include mutual funds, tracker funds and UCITS, and are usually listed on stock exchanges, although the units are bought and sold via the fund manager, and not traded as such. The Net Asset Value (NAV) per unit is calculated frequently, and the information is readily available for the investor to act as he sees fit. This type of fund is intended more for ordinary investors.

Closed-ended funds, on the other hand, are more suited to professional investors, as there is less protection, and this being the case, they are rarely (if ever) listed on stock exchanges, as the degree of considered risk involved would generally be in contravention of the investor protection measures necessary for publicly listed funds.

It is usual for investors in closed-ended funds to set up limited partnerships, or limited liability companies for the purposes of tax transparency, and to enable them to offset profits and losses. Although the nature of closed-ended funds mean that there is a pre-agreed closing date at which profits will be distributed (and as a result, this type of investment requires a greater degree of commitment) matching and crossing services are now offered, meaning that the needs of international investors in closed-end funds can often be dovetailed, to their mutual advantage.

For a more detailed description of offshore investment funds, please click here to visit the Investorsoffshore Guide to Alternative Investment.


Pensions Provision For Expatriates

As an expatriate, you will doubtless be involved in a pension scheme already, or at least be thinking about the issue of pension provision. Although offshore pension planning can be more complicated than domestic pensions arrangements, it can also (done right) be more rewarding. The first question must always be about your existing scheme: if you have a substantial investment in a tax-privileged scheme in your home country, and if you are thinking about going back there to retire, and if retirement is imminent, then it will probably not pay to change existing arrangements. If on the other hand you are quite young, and may not return to live in your home country, then you may do better by setting up offshore arrangements.

There are different ways of approaching the provision of offshore retirement income, but designated pensions investment may at first seem the most attractive to the bewildered expat.

Many large and reputable organisations offer reasonably flexible offshore pension plans (which are basically investment schemes structured within life policies, which can grow tax-free offshore). This type of investment can be attractive, as much of the work is done for you, and there are sometimes other benefits and incentives offered as part of the package. However, although limited flexibility is available, it can be costly if your circumstances change dramatically, as heavy front-end charges and cancellation fees could negate any savings potential.

You might alternatively decide that you are more interested in the DIY approach, and opt to make the decision about the mix of investments made yourself (although sound financial advice is a necessity here, in order to maximise both security and capital growth in the period before retirement). This is a cheaper option without a doubt, as there are few (if any) administrative costs, and no penalties for cancellation or withdrawal if your circumstances change. However, it can be less of a 'safe bet', and you will need to consider the tax consequences of a change in circumstances or relocation.


Offshore Trusts And Companies

And finally, if you are interested in streamlining your financial management, or protecting your assets against possible future threat, then an offshore trust or company may be of interest to you as an expatriate. (It has been said before, but bears repeating, that if you are attempting to protect your assets against imminent or current attack, whether from the tax- man, creditors, or a litigious ex-spouse - DON'T BOTHER! Trying to transfer assets offshore in order to defraud is not only pointless, but is likely to get you into untold trouble if you are caught out. Which you probably will be. The time to transfer assets offshore is before you have problems, not afterwards, and it can then be very effective, although nowadays more for asset protection purposes than in order to save tax.)

In terms of making financial management more efficient, however, an offshore trust or company, or a combination of the two, can be very useful, in that all assets are essentially 'wrapped up' in one jurisdiction, cutting down on administrative costs, and leaving the expatriate free to acquire assets anywhere in the world.

In the case of an offshore trust, the settlor (you) can be distanced from control and ownership of assets, with the trustees 'owning' and administrating the trust on behalf of the beneficiaries (of which the settlor can be one, if he so chooses). Although for the purposes of transparency (and by extension effectiveness as an asset protection vehicle) the trustees must be seen to have ultimate control, the settlor will usually present them with a letter of wishes outlining his desires and concerns for the trust. It is therefore essential that there is a good relationship between the settlor and trustees, and that the persons chosen to fill the role of trust managers are trustworthy and reputable. In most jurisdictions there are stringent laws governing the registration of trust management companies and individuals.

An offshore company is somewhat different, in that transfer of ownership is less absolute, as although the company will own the assets, the transferor will still own shares in that company. This being said, an offshore company can still provide effective confidentiality, as the company will be a separate legal entity, with a separate name disassociated from that of the individual. These vehicles also carry limited liability status, which means that there is no financial obligation on the part of an offshore company shareholder.

It is worth bearing in mind, however, that offshore trusts and companies are not cheap to set up and maintain, and the more complicated a structure needs to be, the higher the annual management fees will be. If you decide that this type of offshore vehicle is for you, consider your jurisdiction very carefully, as the rules and legislation regarding trusts and companies vary widely. Some jurisdictions do not recognise trusts as such, but have established local variations on the theme, and different IOFCs offer different company structures and business formats.

As you can see, though, there are a variety of banking, asset protection, and investment options open to you, and the choice of jurisdiction is intertwined with the choice of offshore structure, which is intertwined with your personal circumstances, obligations, and preferences. So without further ado, onto the tricky matter of choosing a jurisdiction!


The Choice Of Jurisdiction

In terms of relocating offshore, this article aims to provide assistance for expatriates in a variety of situations. Although obviously, your prime consideration is to find a secure and profitable location for your assets and income to be remitted to as you move from country to country, you may also need to consider other factors. You may choose (or be obliged by your company) to work and become temporarily resident offshore, or you may have dreams of spending your autumn years skiing, or soaking up the sun. Whatever your situation, you need to make sure that you choose an offshore jurisdiction which fulfils all of your needs, and with which you can, (if you so desire) maintain a life-long relationship.

There are several basic points to be considered when looking at jurisdictions (for whatever reason), and briefly, these are:

  • Political and economic stability
  • Any changes on the horizon which may impact on your investment either now, or in the future. (The ongoing banking secrecy struggle between the OECD/FATF and the offshore world being a case in point.)
  • The professional support services and financial infrastructure. Although in order to stay in the running as an offshore financial centre a jurisdiction will have to maintain these at a reasonable standard, some are better than others in terms of providing support and additional services to their investors.
  • The communications network. This is really part and parcel of the above point - in order to remain competitive, and build a good business infrastructure, a jurisdiction must necessarily maintain an adequate communications network. However, as an expat, Internet facilities, online banking and portfolio management capabilities, and possibly e-commerce developments may be of especial interest to you. Have you noticed how many (all?) jurisdictions claim that within a few years, they will be the most important e-commerce hub in their region? Well, some are closer than others to achieving this goal, and it is worth keeping an eye on developments prior to making your decision.


If your plans are to spend some time working in the jurisdiction in which you settle your financial affairs, you will need to look into areas such as residence regulations and taxation, cost of living, and employment regulations. (i.e. is a work permit necessary? How easy is it to get one? How long are you allowed to stay, and can you bring your family with you?)

And finally, if you would eventually like to retire to your jurisdiction of choice, you will have to consider nearly all of the above points, but will also need to look into the lifestyles, languages commonly spoken and climate, leisure possibilities, and retirement income options offered by the various jurisdictions, in order to choose the one which best suits you and your family.

But don't panic! This special feature addresses all of these aspects of offshore living, banking and investment for 20 of the major jurisdictions.Click on the flags below to find out more about each country!


Dubai
.

Jersey
.


Offshore jurisdictions come in all shapes and sizes, and the standard of living, investment options, and professional support vary enormously. However, we hope that this article has clarified at least some of the areas of concern for you, and possibly helped you to decide where to go, and what to do when you get there!

For a comprehensive treatment of offshore legal and tax regimes in over 30 offshore jurisdictions, please visit the Lowtax Jurisdictions Guide.

 

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