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Article #246: Legality of Offshore Investments

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An over view of offshore investments and true. Secondly, it is your duty as an
the procedures one must consider and American citizen to report your financial
comply with to ensure these investments activities to the IRS. So divest yourself
remain a legal estate planning tool. of notions of secrecy in the absolute and
Having an offshore think in terms of tax savings rather than
banking account, corporation or trust are not paying taxes. If someone tells you
common themes in legal thrillers, spy that they can help you avoid paying any
novels and eastern European politics. tax whatsoever, they are offering to help
There is a reason to be concerned about you engage in a criminal enterprise. And
the legality of such accounts, for if you already are a criminal of some
although many people would like to sort then perhaps you should look into
include them in their estate planning, a the matter, but for the vast majority of
legal misstep regarding the use of any of those reading this article, don't
these asset management tools could result endanger a life spent being a law abiding
in thousands of dollars lost in back tax citizen by buying into an outrageous
payments and legal problems with none scheme.
other than the IRS in addition to the As I said before, U.S. citizens and
possibility of spending time in prison. permanent residents are required to
With that in mind, it is not surprising disclose their banking accounts abroad,
that many Americans shy away from where they are located and what the
offshore banking altogether. account numbers are, on a form called a
As any good tax attorney will be able to TDF 90-22.
explain to you there is a difference 1. However, there are exceptions to
between tax avoidance and tax evasion. having to file this report and taxpayers
Tax avoidance is the use of legally are confused about the definition of
employable strategies to reduce the these exceptions as well as the meaning
amount of tax one has to pay. Tax of key terms within the document. One
evasion, on the other hand, is the use of excellent way to begin to understand what
illegal means to do the same thing. So must be reported, and when, is to look to
the goal of any transaction that you the Jacobs Report. The Jacobs report
would like to undertake offshore is to which can be found at and it is an
make certain that you are a tax avoider extensive document filled with the
and not a tax evader. A lawyer will never applicable law and IRS instructions as
be a willing party to tax evasion, if well as the accumulated wisdom of many
that lawyer is behaving within the cannon web sites and foreign bank reports.
of professional ethics as well as the Remember, the cardinal rule when
accepted norms of safeguarding their beginning your inquiry into offshore
client's best interest. banking is to find out about these
To begin with it is illegal to have a matters in detail. You need to check into
secret bank account in another country things yourself and keep in mind that if
that you don't tell the IRS about. It is a deal sounds too good to be true then it
also illegal to move unreported cash even is. In addition, keep in mind the fact
if it is your money. The penalty for that you want to be a tax avoider not a
either of these offenses makes bank tax evader. Consult your estate planner
robbery look like a more attractive and a tax specialist because the laws in
option. many of the nations that provide tax
However, with our own country continuing havens have changed somewhat since the
to advance the goal of globalization, of beginning of the War with Afghanistan and
course it is legal to invest in, and to Iraq, because the U.
interact with, foreign markets and there S. is looking for hidden terrorist cash
are some tremendous incentives to do so. reserves and that has changed the way
The key to taking advantage of these discretion is handled in many tax haven
opportunities is to start modestly and nations that are friendly with our
remember that if it sounds too good to be government.
true then it probably is too good to be






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