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Article #132: A Guide to Offshore Banking

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A Guide to Offshore Banking held in the name of a foreign corporation
Offshore banking has often been (IBC) or trust. This insures that asset
associated with the underground economy collectors and agencies cannot locate it.
and organized crime, via tax evasion and By taking advantage of these methods an
money laundering; however, legally, individual or corporation becomes a
offshore banking does not prevent assets smaller target and the likelihood of
from being subject to personal income tax being sued is reduced. Utilizing offshore
on interest. Except for certain persons tools to protect privacy could mean the
who meet fairly complex requirements , difference between keeping and losing
the personal income tax of most countries what is rightfully yours.
makes no distinction between interest Tax Efficiency
earned in local banks and those earned As stated above, your savings,
abroad. Persons subject to US income tax, investments, assets or business profits
for example, are required to declare on can grow almost free of any form of
penalty of perjury, any offshore bank taxation. This does not mean tax
accounts-which may or may not be numbered avoidance, it simply means whilst your
bank accounts-they may have. Although assets are held offshore they will
offshore banks may decide not to report benefit from very favourable tax
income to other tax authorities, and have advantages. There will for many however,
no legal obligation to do so as they are be a potential tax liability when you
protected by bank secrecy, this does not look to repatriate your assets to your
make the non-declaration of the income by home country. This will depend on your
the tax-payer or the evasion of the tax nationality and your country of residence
on that income legal. Following September at the time of repatriation.
11, 2001, there have been many calls for Asset Protection
more regulation on international finance, There are many methods in which to
in particular concerning offshore banks, protect your assets using an offshore
tax havens and clearing houses such as structure, in the form of an investment
Clearstream, based in Luxembourg, being product, an IBC (International Business
accused of being a crossroads for major Company) or a offshore trust, or even a
illegal money flows. simple offshore bank account. These will
An offshore bank is a bank located protect your assets from:
outside the country of residence of the * Protection from invasive bureaucracy
depositor, typically in a low tax * Protection against lawsuits
jurisdiction (or tax haven) that provides * Protect your assets from seizure
financial and legal advantages. These The simplest form of protection offshore
advantages typically include some or all is the nature of the offshore privacy
of: rules. What isn't known can't be
* Strong privacy attacked. The basic form of offshore
* Less restrictive legal regulation privacy combined with a IBC or Trust is a
* Low or no taxation (i.e. tax havens) very secure method to legally protect
* Easy access to deposits (at least in your assets from prying eyes.
terms of regulation) Lawsuits are filed every week.
* Protection against local political or Ex-spouses, ex-business partners,
financial instability disgruntled employees or predatory
While the term originates from the lawyers may file a suit if they believe a
Channel Islands "offshore" from Britain, potential defendant is an attractive
and most offshore banks are located in target. Losing such a lawsuit could cause
island nations to this day, the term is a lifetime's worth of savings,
used figuratively to refer to such banks investments and real estate holdings to
regardless of location (Switzerland, be lost. In light of this, placing assets
Luxembourg and Andorra in particular are offshore is a wise and effective means of
landlocked). protection from frivolous lawsuits.
What type of services are available from Once your assets are held offshore they
offshore banks? The same as the services are unreachable by domestic courts. In
from any high street bank, plus the the event of a lawsuit, a defendant may
extremely confidential Swiss style be forced to forfeit domestic assets, but
numbered accounts. Many of the offshore offshore assets will remain untouched.
banks listed on this site are respected Offshore courts do not recognize or carry
AA credit rated international banks, that out domestic judgments. This insures that
everyone has heard of before. They have assets sent offshore will remain
simply set up an offshore division or confidential, secure, and permanently in
branch division within a tax haven to the hands of their rightful owners.
attract a share of the enormous Moving assets offshore will create peace
international trade, and offer almost the of mind that what's yours will always be
same services as any domestic bank. Such yours.
as the following: Regulatory Advantages
* Personal and corporate current/checking The regulations in force within most high
account tax countries, are there to protect
* Personal and corporate savings accounts investors, and rightly so. However, due
* Secure internet banking facilities to the very strict nature of these
* Anonymous numbered accounts (extremely regulations, fund managers feel as if
confidential) they are wearing a financial straight
* Debit and ATM cards, which are accepted Jacket. It is difficult for them to
globally compete with the returns of their
* Credit cards offshore-based partners who enjoy less
* loans restrictive regulation. Many offshore
* Mortgages jurisdictions have very mature regulatory
Going offshore in simple terms means systems in place, often based on those
placing your savings, investments, assets present within the US or the UK, yet they
or business concerns outside of your home allow fund managers great freedom to add
country, within one of the many tax value for their investors. This is why
havens. A tax haven is a country that has offshore funds nearly always outperform
very favourable tax advantages, which their onshore equivalents. Within the
means that your savings, investments, high regulation onshore countries,
assets or business profits can grow free excessive rules and bureaucracy often
of almost any taxation. Although taxation plague domestic businesses and
is only one reason why many decide to go operations. Valuable resources are
offshore. diverted away from the productive process
Privacy in order to monitor compliance as a
To protect the free flow of your personal result of the restrictions imposed.
information and dealings. An offshore Curing this problem is as simple as
entity has no obligation to release your moving to friendlier shores. Offshore
personal or business information, jurisdictions are intentionally
affording you with a great deal of business-friendly and have regulations
privacy & confidentiality. In general that are straightforward, simple to
terms your personal information will not understand and inexpensive to comply
be divulged to any governing body or tax with. Moving a business offshore and
authority unless suitable evidence can be enjoying a more pleasant business climate
shown to prove that you have been may require nothing more than forming an
involved in criminal activities, such as offshore corporation and transferring
money laundering or drug trafficking. assets from the domestic corporation to
Financial privacy is becoming a thing of the foreign one.
the past. Almost every single transaction Is all of this legal?
made at a bank or ATM, by law, must be Do you trust your current bank or
recorded and filed. Consumer credit investment provider? Chances are that
agencies maintain databases full of they too have an offshore operation; most
sensitive information that is used and of the world's major banks and investment
shared by other organizations and companies have an offshore present. Do
agencies. Asset collectors routinely you honestly believe that a triple A
advertise their ability to locate bank credited rated investment company or bank
accounts, brokerage accounts, and real would operate in an illegal activity?
estate and business holdings. Should Companies such as Merrill Lynch, HSBC,
asset collectors find substantial wealth, ING Barings, UBS, Barclays, Deustche
the individual or corporation becomes an bank, ABN Amro all have offshore
easy target for a lawsuit. operations. It is not the offshore
Unless ethical and legal steps are taken industry itself that is illegal, it is
to insure privacy, sensitive and only the devious activities of certain
confidential information could easily get individuals who may give the offshore
into the wrong hands. Placing your industry a poor reputation. It is also
assets, investments, savings bank and true that the due diligence, and money
brokerage accounts offshore will keep laundering checks performed by offshore
them off the asset collector's radar companies is increasing, especially after
screen. Consumer credit agencies and the 911 terrorist attacks. Which will
government departments do not have access ensure that it becomes difficult for
to foreign account records or criminals to abuse the offshore industry.
transactions. Domestic property may be






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