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Limited formation,Offshore
company, Dubai Company Formation, Cyprus company, Bankaccount opening,
U.S. corporation,Company formation in the USA,
switzerland company formation, ISLE OF MAN FORMS OF COMPANY,
The
Canary Islands Special Zone
Beware of cheap founders!
You may
find numerous providers of company formations on the Internet, but
only very few of them are tax counsels for international tax law. Most
formation agencies are not able to adequately advise their clients.
These “cheap founders” regularly install bogus companies, which cannot
stand up to an audit by international tax authorities. Very quickly
this will result in misuse of tax treaties and a charge of tax
evasion. Therefore, any formation of companies abroad belongs in the
hands of experienced specialists, who are familiar with international
tax law and with law regarding fiscal offences.
It is
important that all characteristics of a permanent establishment are
met by the foreign company. A mail box or an answering machine do not
constitute a regular registered office. The nominee director should be
an attorney in the formation country, and the nominee shareholder
should be a tax office or at least a nominee company, which is the
property of a tax office.
If you
request any offers from our competitors, please enquire about the
following facts:
-
Is any nominee director offered in the company’s
country of registered office?
Is
this nominee director a resident for tax purposes in the company’s
country of registered office?
Is
the nominee director an authorized attorney in the country of
registered office?
Is
the nominee director available at any time?
Regular registered office in the country of registered office: Is a
regular business address installed or only a mailbox and/or
answering machine?
Anti-deferral tax (states which know anti-deferral tax, such as
Germany or the USA)
For
example Germany: Essentially, the Außensteuergesetz (German law on
external tax relations) stipulates in §§ 7-14 AstG that fictitious
taxation occurs for the German shareholder, if the latter exerts a
predominant influence on the foreign company (majority shareholder),
if the foreign company obtains only passive profits and the foreign
company is located in a low-tax area, i.e. with less than 25% income
tax. Legal consequences: it is fictitiously taxed, that means even if
the profit has not been distributed, and not using the
Halbeinkünfteverfahren (half income procedure ~according to which only
50% of capital gains are taxed), but with income tax.
Please
ask:
-
Is any nominee
partner provided in the country of registered office?
-
If yes, is it a legal
entity, consequently a tax office with place of residence in the
country of registered office?
-
Can you please give
any explanations on the anti-deferral tax?
Tax
law consultation
Of
course we know that there are enterprises, which found foreign
companies for less money. But we also learn every day how amateurish
many enterprises install companies, and we are often asked for help to
“repair” those constructions, which unfortunately is impossible in
most cases.
Many
details must be considered by our clients, which concern the national
and the respective country law, such as for the USA, England or Spain.
Therefore, with us you will be continuously coached on “both” sides by
experts (specialized attorneys/tax counsels). This is an invaluable
advantage, because the formation of foreign companies without any
specialized attorneys or tax counsels for international tax law may be
economic suicide.
You must
also consider that it usually does not suffice to just found a foreign
company. After the formation, special circumstances occur, for which
we will advise you:
-
How to register the dependent branch office?
-
Who will file the company’s tax declaration? We
will find competent tax counsels for you in the formation country.
-
What must any contracts between your company and
your international customers look like to make it legally airtight?
-
Will you be advised by experienced tax counsels
for international tax law on both sides?
Are
you coached beyond formation?
Will
you be supported in the following cases: contracts between company
and customers, freelance contracts, employee contracts, issuing of
invoices etc.?
Company accounts in foreign countries
Most
founders offer “help in opening an account”. In most cases, the
account cannot be opened, since foreign banks usually do not open an
account if any foreigner is the authorized or sole authorized person.
Opening an account abroad is usually only possible if the client
appears at the bank with his nominee director in person, and signs the
application. Of course, the company director (nominee director) must
be creditworthy. There may be exceptions to this procedure, for
example in case of our formations in Cyprus. This does, however, only
work because our Cypriot attorneys and tax office have outstanding
relations with the banks, which means a mutual trust which has been
growing for years.
Conclusion:
If you
consider all mentioned facts, you will realize that if you look at it
realistically, our formation fees are more favourable than those of
other founders, who forsake their clients after formation and/or give
them false advice during formation. We claim to be compared in price
only with international tax counsel and auditing companies. Their
daily rates are, however, between 3,500.00 to 7,000.00 Euros only for
“consultation”.
Other important facts
Our
investigations showed that most cheap founders specialize in one
company form. Many founders offer exclusively the English Limited
company as legal form. The English Limited company is a good legal
form in terms of capital stock, piercing the corporate veil and income
taxes in the main rate, but is not always the ultimate solution. If we
compare it e.g. to the Cyprus Limited company, companies in Cyprus pay
only 10% income tax, and distribution profits are completely tax-free.
Then again, if you found a company you must always consider the
“subject”, which means for example that financial service providers
cannot be established in every country without any time-consuming and
expensive authorizations.
Summary
of questions to competitors in order to obtain really comparable
offers:
-
Is any nominee director offered in the company’s
country of registered office?
-
Is this nominee director a resident for tax
purposes in the company’s country of registered office?
Is
the nominee director an authorized attorney in the country of
registered office?
Is
the nominee director available at any time?
Regular registered office in the country of registered office: Is a
regular business address installed or only a mailbox and/or
answering machine?
Do
you know the relevant and up-to-date documents, decrees and orders
of financial authorities, for example on the assumption of a bogus
company in case of foreign relations?
Is
any nominee partner provided in the country of registered office?
If
yes, is it a legal entity, consequently a tax office with place of
residence in the country of registered office?
Can
you please give any explanations on the anti-deferral tax?
-
Are
you advised by experienced tax counsels for international tax law on
both sides (e.g. home country and country of registered office)?
-
Is
there any coaching beyond formation?
-
Will
there be any support in the following cases: contracts between
company and customers, freelance contracts, employee contracts,
issuing of invoices etc.?
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