Offshore Planning

Offshore Financial Planning

Offshore Financial Planning is a tricky business and is not the right choice for most people. But for some people “going offshore” can be a legal, ethical and reasonable way of protecting their assets, reducing their taxes, and of obtaining greater financial privacy. Sometimes it is simply necessary to more efficiently handle international business transactions. Whatever the motivation, I strongly encourage clients to carefully review and consider all their options before moving forward on this option.

Just setting up a foreign company and then doing business inside your old jurisdiction will not work. You need to be in a situation where some or all of your business can be successfully transplanted to that new more friendly jurisdiction. Examples of “offshore” friendly businesses are: importing/exporting, software design (particularly if you are already using offshore technicians or have significant offshore clients), Internet services, financial services, entertainment industry, and other types of intellectual property. If you do not have a business that lends itself to “going offshore” then it would be wise to focus on more cost effective domestic alternatives.

However, if you are in a situation where “going offshore” might be a good idea, there are a lot of really interesting options available.

The United Kingdom Limited Partnership

The United Kingdom Limited Partnership is the ultimate pass through tax entity. As long as you are not a UK resident, and the business does not take place in the UK there are no taxes on the LP income. Even better, there is no need to even file anything with the UK authorities after the LP has been registered.

Read More…

The Privacy Passport®

The Privacy Passport® might be the ideal asset protection and tax planning system for those who want to go “offshore”. It takes advantage of both “offshore” asst protection and tax benefits and “onshore” banking access. In this way you can go offshore without worrying about FATCA and FBAR. Also, the Privacy Passport® benefits from a combination of “trust” law and “corporate” law making it an ideal solution.

Read More…

The Republic of Georgia Limited Liability Company

Coming Soon!

Recent Posts

Try to Understand the US Sales Tax

Sales tax is not like the VAT in Europe. It is a one time point of sale retail tax limited only to transactions between the retail seller and the end buyer (consumer). It is also not a national tax but a local tax controlled by the states and local governments. So there are literally hundreds if not thousands of different sales tax rates in the USA. Traditionally this complexity was lessened by the interstate sales tax exemption. All sales between different states were generally sales tax free. So if I bought an item from a company in California by telephone or mail order, and it then mailed the item to me in Texas I would not have to pay the sales tax in California or Texas. 

Online sales have significantly complicated things, but not as much as some think. Not all sales are covered by sales tax but often a company will choose to just collect and pay the sales tax to avoid any problems. After all if they sell an item for $10 and the tax is $0.80 the buyer pays the sales tax in addition to the base price; $10.80. Unlike the VAT the sales tax is not hidden within the base price.

Whether or not a company needs to collect the sales tax will be determined on a state by state basis but in general the measure used is the NEXUS approach. Does the company have a significant presence or contact within the state; is it chartered there, does it have a primary office there, does it maintain warehouses and transportation facilities there?

In the past this was fairly simple to sort out. You set up your company in a small population business friendly state like Delaware, Wyoming, Nevada, etc. You usually had a distribution center in that state or some other small population business friendly state. If you could not do that worst case scenario would be that you set up your company in your home state and pay sales taxes on sales in that state but then were exempt from sales in any other state as long as you had no significant presence in that state. So a company set up and operating in California or Texas would only pay sales tax on sales in its home state. This is still the case for most businesses.

With the introduction of Amazon and its Fulfillment by Amazon (FBA) program that has changed. If you sell through Amazon FBA then you are considered to have a NEXUS where ever your products are warehoused by Amazon. Amazon has dozens of warehouses across the country.

If you set up a company in Wyoming (a very small population and a very friendly business climate) and you have no other presence in the USA other than that, and you drop ship from outside the USA or just ship from a single location inside the USA, you will only have to pay sales tax on sales inside Wyoming and possibly the location of the warehouse where your products are stored. If you keep everything inside Wyoming, considering the tiny population of Wyoming that might be close to zero.

However, if you use Amazon FBA (or some other 3rd party sales distribution system like it located inside the USA) you will need to also register with every state where your products are being stored by Amazon. Amazon makes this information easily available to you. Last time I checked, the primary warehouses for Amazon are located in California and Texas. You will almost certainly need to get a sales tax permit in those 2 states in addition to whatever state you chartered your company. As your product becomes more popular in Amazon, Amazon will stock it in other warehouses in other states meaning you will then have to register for sales tax in those states as well.

There are a few companies that offer sales tax accounting services for companies using Amazon FBA and other 3rd party distribution services in the USA since it has become so difficult and costly for small companies to maintain the accounting staff to do it themselves.

Remember, if you are NOT using Amazon FBA or some similar service none of this may apply to you.

Just remember, the US sales tax is not the VAT. It is totally different, and if you think your understanding the VAT, with all its complexities, will help you understand the US sales tax system you are mistaken.

  1. An Analytical Model for Evaluating Strategies Comments Off on An Analytical Model for Evaluating Strategies
  2. The Importance of Running Your Business in a Business-like Way Comments Off on The Importance of Running Your Business in a Business-like Way
  3. Royalty Financing – Misunderstood or Mysterious? Comments Off on Royalty Financing – Misunderstood or Mysterious?
  4. A Nevada LLC Should Not Be Blindly Trusted… Nothing Should Comments Off on A Nevada LLC Should Not Be Blindly Trusted… Nothing Should
  5. How a US LLC can Uniquely Benefit a UK Resident Comments Off on How a US LLC can Uniquely Benefit a UK Resident
  6. The Most Important Thing We Don’t Want to Think About: Asset Protection Comments Off on The Most Important Thing We Don’t Want to Think About: Asset Protection
  7. “Disregarded Entity” vs “Taxable Association”: What is the best way to structure your LLC? Comments Off on “Disregarded Entity” vs “Taxable Association”: What is the best way to structure your LLC?
  8. Can the IRS take your US Passport? Yes. Comments Off on Can the IRS take your US Passport? Yes.
  9. High-Tax Nations Under Increasing Pressure Comments Off on High-Tax Nations Under Increasing Pressure