2016-10-27



Today there is a lot of speculation and the need to know what offshore companies are, what they provide, and why they have gained so much in the news world today. There was a time when no one knew about them but today these two words have become more than common now. People want to know how many leaders of the world have used them to become more powerful and rich than before. Hence, you shall know today what these are in detail.

What are offshore companies?

There are two definitions or references given for offshore companies. It can be a corporation or a legal entity that is registered in an offshore financially related centre or is in a tax haven. It can also be any company or group (corporate) that is involved in establishing offshoring businesses or services. The use of companies in offshore registered groups is the most common adopted way.

What are the offshore jurisdiction levels?

These companies that are involved in offshore jurisdictions can have a jurisdiction in which it is taken as a question for perceptions or degree. Most known tax haven countries are those namely Bermuda, British Virgin Islands, Cayman Islands. Some areas also have mid shore jurisdictions like Hong Kong, Singapore etc. They have huge financial centers which do not have zero tax regimes. There are also other countries that have such economies which have partly tax mitigation structures in them. These can be those like Ireland, Netherlands, UK, etc. Lastly, there are some Federal Systems in the world that operate as offshore centers, so companies formed here come under the offshore hood too. These include some that are the largest economies of the world like Delaware in the US.

What characteristics do these companies share?

There are relevant jurisdictions but all offshore companies have the same following characteristics

They do not have to be under taxation in their home jurisdiction

They promote flexibility in the business because they are designed in the corporate regime

The corporate activities of regulation are lighter in comparison to developed countries

There is very little information available about the company to the public. This however, varies through jurisdictions.

However, these companies are not exempt from tax that is relevant to the company abroad.

When Michael Kors is established in the British Virgin Islands, but since it is listed at the New York Stock Exchange so it is not exempt from the US taxation and financial regulations applied by the US Securities and Exchange Commission there.

Uses of offshore companies

There are many commercial as well as private uses of these. These can be for economic advantages or be harmful for criminal aspects too. The press often reflects of things like money laundering, fraud, tax evasions etc that are associated with these. In other words they are related to white collar crimes directly too. The uses include the following

Commercial transaction making from many general holding companies, listing and joint ventures too.

They are used for private wealth through tax mitigation, privacy etc

It is also used in tax planning. They are often seen as group entities for paying fair share of government taxes through public campaign results

They are used to hide the confidentiality of any individual or company’s transaction

When it comes to legitimate uses they can be in the form of SPV financing, asset holding etc

It also has uses in private wealth holding vehicles and investment funds too

What is a tax haven actually?

Countries which are considered as offshore financial centers are called tax havens. It can be negative in many countries while experienced investors take advantages of such centers. These countries give many tax benefits, privacy benefits, and others for the companies that are setup by non residents. There are two cases. In one case the countries resident will pay the tax to make up for the budget of the country and the non residents have very little benefits. In the other case, these foreigners are exempt from tax paying or pay very less. The same is the case with people who hold these offshore bank accounts. The business for the company is not carried within the country itself.

Tax havens are given because these countries have low economies to lure people to bring their businesses here. Hence, people make use of these exemptions so that they don’t have to pay taxes. They transfer their money here because in many countries the tax is half the amount you have. This is also why in many countries leaders have made laws and fines to stop this from happening. Since the aim is to provide confidentiality for transaction of the person so tracking them is difficult to control money movement. This is why they can be linked to terrorism etc too.

What are the advantages?

To hide the real owner appearance, a nominee director or shareholder can be appointed

The company can be setup without personal presence too.

Since bank secrecy is highest so all bank data is protected. It is only given to law enforcing agencies for investigation in case of serious criminal risks

There is no information sharing agreement with other countries by the country

There is lots of economic stability

You don’t need to do any bookkeeping and reporting while tax advice. And legal as well as accounting services are an easy access through developed financial system.

These can boast of the best tourism infrastructure too.

Offshore companies’ status in Pakistan

While this has been going on since years but it has been known now when the Panama Leaks took place and the Sharif family was found under it. The brief address by the PM just shouted out that they offer tax advantages, which is why they exist there. This could look fair, but given that Pakistan already has an over friendly taxation system especially for the rich this is truly not acceptable for the PM’s family avoiding taxes and expecting the nation to pay taxes to their government. They already have enough money that is seen with the amounts they started with in the offshore companies.

Hence, they do not need to invest here to save money from tax and do business to earn more money. The problem persists as to why the family wants to hide their transactions. This is what seems the only advantage to be of any use from the many, for them.

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