| 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;
- 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;
- 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.
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.
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.
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 stablity. 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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