Offshore Company Formation

Offshore Company Formation: Services

• Tax planning via a network of international tax advisers and attorneys
• Why form a company in a foreign country with a tax accountant specialized in international tax law?
• Basic Considerations regarding the Formation of Companies in „Zero-Tax Havens“ i.e. in countries that have not entered into Double Taxation Agreements with other countries
• Offshore Company Formation: Tax haven rankings
• Examples for the legal reduction of corporate taxes
• DTA permanent establishment concept – Our services and fees
• Parent companies and their subsidiaries in the European Union
• Beware of cheap founders!

Description of services

1. Company formation, register entry

 We will found your foreign company exclusively with attorneys and tax advisors in the respective formation country, i.e. for example in England, Cyprus or Dubai, and therefore watertight in terms of legislation and tax legislation. We do not found any “bogus or letterbox companies”, but companies with a regular registered office according to the statutes of the country. Within the framework of nominee services (if required), attorneys and tax advisors of the formation country assume these services.

2. Nominee services

2.1.      Nominee director

If you – or a representative – do not want to transfer your centre of life to the formation country (country of the company’s registered office), we will provide an attorney in the formation country, who will act as nominee director (i.e. to the outside) of your company. According to the double taxation agreement, the permanent establishment according to tax law (place of taxation) is at the place where the business management is located.

2.2.     Nominee shareholder

If desired, our tax office will act as nominee shareholder of your company in the respective formation country (country of registered office). If you act as company shareholder yourself, but have your centre of life outside the country of registered office, it must be stipulated in the Articles of Association that all relevant decisions are made at shareholders’ meetings, which take place exclusively in the country of the company’s registered office and at which the foreign shareholder must be present. Only then the “place of business decisions” will be located in the formation country of the company.

2.2.1.    Associated companies

Your domestic company (if corporation/limited company) may of course also be shareholder of the foreign company. If your domestic company is located within the European Union, the European directive on parent companies and their subsidiaries may be applied under certain circumstances: no withholding tax at the place of outflow of profits, and tax-free for the shareholder. Such “white income” is also possible in case of certain DTA circumstances, e.g.: If a German GmbH holds a share of at least 20% in a Dubai LLC, any inflow of profits into the German GmbH must be exempt from tax.

3.  Domicile of the company in the country of formation

If it is a company within the European Union, no commercially equipped business operation (office and at least one employee) has to be installed according to freedom of establishment in the European Union. On the other hand, it must not be a bogus company. Therefore a mailbox or answering machine does not constitute a regular registered office. We will install the company’s domicile with deliverable postal address, personal availability and telephone/fax.

If it is a company outside the European Union, we will install – if desired – an office in the country of registered office, since a commercially equipped business operation must be installed in the country of registered office for approval of permanent establishment regarding tax law.

4.  Account opening

We will open a bank account for your company in the country of registered office, including internet banking, VisaCard and cheques. You will be the sole person authorized to have access to the account.

Fees

The fees depend on the country of company formation and the services. We will be happy to submit an offer free of charge and without any obligation.

Fees for complete packages (full service)

The following services are included in our complete packages:

Forming of the company, entry in the commercial register of the country, apostille, notarially certified translations of certificates into English, unless official language

• Nominee director: An attorney in the formation country will act as nominee director of the company (to the outside) and transfers all rights and obligations internally to the actual beneficiary (notarial deed of trust). The director does not have any account authority.
• Nominee shareholder: a tax office in the formation country will act as nominee shareholder (to the outside) of the company and transfers all rights and obligations internally to the actual beneficiary (notarial deed of trust).
• Domicile of the company in the formation country: deliverable postal address, availability by telephone, telephone and fax, mail forwarding service
• Account opening: bank account for the company at a renowned major bank in the formation country, internet banking, VisaCard and cheques. Only the founder of the company is authorized to have access to the account.
• General power of attorney to the founder: Only the founder receives a notarially certified general power of attorney for the company.
• Recommendation of a renowned tax office in the formation country, for book-keeping and accounting
• Internet-homepage of the company hosted on a server in the formation country: 5 pages for presentation of services/products, feedback form, imprint, e-mail address. May be extended at any time.

The fees for the complete packages include the services mentioned above; any special services (nominee director and shareholder, domicile) are paid for one year.