Oct 28

Most countries impose taxes on income earned or gains realised within that country regardless of the country of residence of the person or firm. Most countries also tax their residents (individuals and companies) on all their worldwide income. One way a person or company takes advantage of tax havens is by moving to, and becoming resident for tax purposes in, an appropriate country. Another way for an individual or a company to take advantage of a tax haven is to establish a separate legal entity (an offshore company, offshore trust or foundation), subsidiary or holding company there. Assets are transferred to the new company or trust so that gains may be realised, or income earned, within this legal entity rather than earned by the beneficial owner.

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Oct 27

Advantages of offshore banking

Offshore banking provide access to politically and economically stable jurisdictions. This may be an advantage for those resident in areas where there is a risk of political turmoil who fear their assets may be frozen, seized or disappear. However, developed countries with regulated banking systems offer the same advantages in terms of stability.

Some offshore banks may operate with a lower cost base and can provide higher interest rates than the legal rate in the home country due to lower overheads and a lack of government intervention. Advocates of offshore banking often characterize government regulation as a form of tax on domestic banks, reducing interest rates on deposits.

Offshore finance is one of the few industries, along with tourism, that geographically remote island nations can competitively engage in. It can help developing countries source investment and create growth in their economies, and can help redistribute world finance from the developed to the developing world.

Interest is generally paid by offshore banks without tax deducted. This is an advantage to individuals who do not pay tax on worldwide income, or who do not pay tax until the tax return is agreed, or who feel that they can illegally evade tax by hiding the interest income.

Some offshore banks offer banking services that may not be available from domestic banks such as anonymous bank accounts, higher or lower rate loans based on risk and investment opportunities not available elsewhere.

Offshore banking is often linked to other services, such as offshore companies, trusts or foundations, which may have specific tax advantages for some individuals.

Many advocates of offshore banking also assert that the creation of tax and banking competition is an advantage of the industry, arguing with Charles Tiebout that tax competition allows people to choose an appropriate balance of services and taxes. Critics of the industry, however, claim this competition as a disadvantage, arguing that it encourages a “race to the bottom” in which governments in developed countries are pressured to deregulate their own banking systems in an attempt to prevent the off shoring of capital.

Disadvantages of offshore banking

Offshore banking has been associated with the underground economy and organized crime, through money laundering. Following September 11, 2001, offshore banks and tax havens, along with clearing houses, have been accused of helping various organized crime gangs, terrorist groups, and other state or non-state actors.

The existence of offshore banking encourages tax evasion, by providing tax evaders with an attractive place to deposit their hidden income.

Offshore jurisdictions are often remote, so physical access and access to information can be difficult. Yet in a world with global telecommunications this is rarely a problem. Accounts can be set up online, by phone or by mail.

Developing countries can suffer due to the speed at which money can be transferred in and out of their economy as “hot money”. This “Hot money” is aided by offshore accounts, and can increase problems in financial disturbance.

Offshore banking is usually more accessible to those on higher incomes, because of the costs of establishing and maintaining offshore accounts. The tax burden in developed countries thus falls disproportionately on middle-income groups. Historically, tax cuts have tended to result in a higher proportion of the tax take being paid by high-income groups, as previously sheltered income is brought back into the mainstream economy.

Oct 21

Basic Types of Offshore Bank Licenses

In general terms it is possible to divide offshore bank licenses into two basic types of license’s which can have a number of further subtypes.

General bank license is understood in a majority of jurisdictions as a license for the providing of bank services at the place of registration and internationally direct to the general public. The bank acts as any other bank entity, it can accept deposits from the public and perform common bank services with residents or non-residents. In an overwhelming majority of countries, however, the activity is limited to providing services to non-residents, i.e. offshore banking services only. This type of offshore bank is established in view of providing commercial bank services in an offshore regime.

Restrictive bank license (often referred to as the “internal” license) is a license which limits territorial activities of the bank or the possibility of providing services in foreign currencies or even just to certain persons. In a majority of cases, the bank cannot accept deposits from the public and it can provide its services only to those entities which are provided for in the bank license. This bank is used as a so called corporate bank for active Cash Flow management.

The offshore banking company established that way can become a high-quality tool for:

  • Tax planning
    • Increase in image of the financial group or holding
    • Active cash flow management
    • Issuing bonds and guarantees for tender proceeding purposes
    • Easier access to bank information about business partners and competitors
    • Easier access to financial markets
    • More progressive financing of business activities of a holding or financial group
    • Establishment of confidential and flexible bank accounts
    • Providing loans and credit facilities
  • Most offshore banks are not subject to taxation, withholding taxes, stamp duties, fees and taxes for checks issued or accepted or to other forms of direct and indirect taxes. Another significant factor for offshore banking is the strict anonymity and confidentiality, which many potential depositors look for. These offshore banks are also fully respected entities in the wider international community, which is also displayed by the fact that a vast majority of them are domiciled in one of the tax havens, such as Bahamas, Cayman Islands, Jersey, Guernsey, Labuan, Isle of Man or Hong Kong.

    Leading bank centers with very low or no taxes and a slightly more liberal environment are concentrated to a significant extent into three geographic areas-Caribbean, Europe and Pacific. The truth is that the laws of these different foreign jurisdictions differ very much and that one jurisdiction may be at a certain moment far more attractive than another jurisdiction, and therefore it is necessary to perform an analysis before selection of a location. The advantages which are available to proprietors of private international banks significantly prevail over the advantages offered by a majority of other investment or financial related entities, such as investment funds, mutual investment co-operatives, credit and loan co-operatives, investment societies, etc. Financial activities exclusive to banks only, as tools for direct access to international capital markets or inter-bank advantages in the form of wholesale borrowing and reduction of foreign exchange fees are suddenly available to natural persons as an offshore banking owner.

    The information and backgrounds required in an overwhelming majority of countries of the world from the bank license applicant are as follows:

  • Bank name and its legal form
  • Applicant status (whether the matter concerns establishment of a branch office of a foreign bank or a new company)
  • Names and curricula vitae of the bank directors
  • Certificates of police clearance of applicants and directors
  • Bank and business references
  • Submission of information about economic management of the firms of the applicant(s)
  • Identification of the bank shareholders
  • Identification of the type of issued shares of the bank (registered shares, priority shares, shares without voting rights, etc.)
  • Denomination of the issued shares of the bank and type of currency used
  • Capital structure of the bank and capital security
  • Capital reserves of the bank
  • Information stating from what resources the bank will be invested
  • Document of certifying that the registered capital has been paid up (if registered in the host country)
  • Document certifying that all taxes, stamp duties and royalties have been settled
  • Identification of the registered office in the host country
  • Identification data of the registered agent or representative (if required)
  • Identification data of the auditor and lawyer with a registered office in the host country
  • Type of intended services which are to be provided
  • Territorial operational range of the bank
  • How the company will protect itself from fraudulent or criminal conduct
  • Business plan of the bank (the authorities generally require a balance sheet from 3 to 10 years)
  • Benefits for the host country resulting from the bank operation
  • Signed and presented applications for the issue of the bank license
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