subscribe
back issues
reprints
contact us
Wealth in Perspective
Wealth Management
Thought Leaders
Money and Meaning
Passion Investments
Wealth Management Sourcebook
Multifamily Office 2008
Previous Issues Index
/ Home / Editorial / Wealth Management / Business & Entrepreneurship /
Flags of Convenience
Safe Harbors
John Ferry
05/02/2005


Businesses Registered Offshore
By creating a business outside of the United States, investors can achieve some degree of asset protection through a mixture of financial privacy and legal immunity. Anyone setting up a business in the United States must make certain information public, such as the names and addresses of the company’s owners and directors. In contrast, those establishing businesses in certain foreign locales (which are known as international business companies, or IBCs) can keep this type of information confidential. The Cayman Islands, for example, offers secrecy of ownership.

“A U.S. citizen can start up a foreign corporation as long as it is lawful to do so in the country in which the corporation is established,” Chatzky explains. But, as with offshore trusts, income from the business must still be reported and is taxed in the United States. “The general rule is that if the foreign corporation is actively conducting its business in the country in which the corporation is formed, then the income from that corporation is not taxable in the United States until it is distributed to a U.S. owner, through, for example, dividends,” Chatzky says.

Local attorneys or trust advisors can assist in setting up an IBC quickly and easily. But Bauman warns that IBCs can be cumbersome. “The problem is that the American tax code has a very long and convoluted series of tests on whether or not an offshore corporation is controlled by a U.S. person, what percentage is American owned, whether it’s passive or active income, and so on,” he explains. “If it’s just investment that you want, then use a bank account.”

One offshoot of the IBC is the international limited liability company. LLCs first emerged as legal entities in the United States in the 1970s; some offshore asset refuges subsequently copied their structure. An LLC owner is not liable for any of the company’s debts. This adds an additional layer of protection from creditors on top of those provided by a traditional IBC. An LLC offers more flexibility than a trust. “I still have control of my assets in the foreign jurisdiction, and it appears that if I got sued, then a creditor would literally have to go to [the country where the LLC is registered] to get a judgment against me there,” Jacobs says.

1 | 2 | 3 | 4 | 5 | 6 | 7 | >>
Printer Friendly Version  Email a Friend


Related Articles
» Overseen Overseas
» Worth May Cover Story Offers Investors Legal Options For Offshore Sheltering
» Protected Class
» Predator Repellent
» Overseas Entanglements
 
Get a FREE ISSUE and a FREE GIFT

Simply fill out this form to receive a complimentary issue of Worth and a FREE gift ("The top 25 Questions for Your Private Banker"). If you like the magazine, you’ll pay just $36 for 5 more issues (6 in all). If it’s not for you, you can return your invoice marked "cancel", and owe nothing. The FREE issue and FREE gift are yours to keep.
Name
Address
Canadian orders click here
International orders click here

Unsubscribe from subscription emails click here
 



Family Office Wealth Conference