In a world where lack of privacy, high taxes, asset forfeiture,
and frivolous suits are the norm, Commonwealth Financial Group,
Ltd. offers realistic solutions that overcome these problems.
The
offshore financial industry is evolving very rapidly. Financial
centres that a few years ago were at the top of everyone's list
are now not so highly regarded. The British Dependent Territories
that include the Channel Islands, Isle Of Man, Bermuda, The Caymans,
Anguilla, Turks & Caicos, British Virgin Islands are now faced
with the prospect of submitting to the British Labour Government's
new attitude on curbing "criminal and laundering activity"
in these territories. European Union demands for "tax harmonisation"
and the OECD "offshore initiative" to eliminate tax havens
and the "harmful tax competition" that they promote through their
Financial Action Task Force (FATF), is driving these territories
to negotiate away the very things that made these financial centres
what they are today. In return, the European Union will give favourable
tax treatment to the City (of London) and its myriad financial services
centred there. There is serious talk in some of these territories
of full independence, but until such issues have been resolved,
our advice, along with many others, is to stay away from these financial
centres, at least for the domiciling of offshore structures. There
are far better options available.
Since
September 11, 2001, even more pressure is being exerted on offshore
jurisdictions, even though there is little or not evidence that
terrorists have laundered any funds through such centers. Indeed,
it is the large U.S. and European banks that have ironically and
unwittingly facilitated much of the terrorist activity that has
now manifested. Of course, the agenda has been for a long time,
to exert pressure on these offshore centers by all means, since
the mainstream press in the West assumes that anyone who desires
financial privacy in their lives, which is still available offshore,
must be up to no good. Accusations of laundering funds for terrorists
has now supplanted accusations that such offshore havens are being
used for drug money laundering. The reality is that it is much easier
to launder funds through a major U.S. or U.K. bank then it is through
the typical offshore bank - and money launderers have known this
for a long time.
For
the reasons outlined above, fully independent countries that have
inherited the British Common Law tradition through their former
status as British Colonies are now mostly preferred by most offshore
professionals for the domiciling of offshore structures with the
possible addition of such countries as Panama. The favourites of
many, including ourselves, are Belize and Nevis, since both have
arguably some of the best legislation in place protecting the inviolability
and privacy of trusts and corporations set up under their statutes.
They are both English speaking former colonies with a tradition
of English common law and that reason alone in our minds makes them
more superior to such countries as Costa Rica and Panama, that are
in vogue with certain offshore financial planners.
Furthermore,
in an attempt to compromise the status of the British Overseas Territories
as tax havens, countries such as the U.K., U.S., Australia and Canada
have made it much more difficult to go offshore by attacking trusts.
Many of the legal loopholes that made trusts attractive have been
closed. So much so, that in order to achieve the same results that
were once easily obtained merely by the setting up of an offshore
trust, a more complex but still easily understood strategy has been
necessitated. Because of this, the offshore trust has been relegated
to a more background role in conjunction with the International
Business Corporation (IBC). Although this strategy has only recently
been recognised by practitioners, it offers enormous benefits.
Many
trusts being sold today will not provide any of the benefits they
are being touted for. The year of 1996 saw legislation in the U.S.
that closed most of the loopholes that made offshore trusts attractive
as tax optimization vehicles. Yet, the gullible are still being
misled into believing that those benefits can still be obtained.
Similar legislation was passed in the U.K. recently and Canada and
Australia have also followed suit along with European countries
such as Germany and France.
Likewise,
many offshore service companies are selling the concept of an International
Business Corporation along with nominee directors and shareholders
claiming that this will solve all your tax, asset and privacy problems.
Well, yes and no. Yes, so long as your domestic taxing authorities
don't find out about your arrangement and you are not concerned
about compliance and reporting requirements. But if the tax authorities
find out and/or your offshore presence comes to light in a court
of law, a judge will very easily see through your arrangements,
which could land you in big trouble in many different ways.
We
prefer to offer strategies that will stand up in court, which will
allow you to sleep well at night. These strategies are simple and
inexpensive. Many law firms will charge two to five times what we
charge for the same strategies. Legal tax optimization, the
elimination of all reporting requirements in your home jurisdiction,
asset protection that will allow you to pass your assets on to your
heirs free from all estate taxes, and protection from civil forfeiture
laws are all still very much possible. Our own in-house counsel
constantly keeps abreast of changes of domestic laws in the countries
where are clients are domiciled to make sure that their structures
conform.
We
provide a quick and private service. Corporate structures are available
at 24 hours notice and trusts can be quickly implemented behind
them. Our "off the shelf" turnkey offshore identity package
meets the needs of those who are looking for an instant offshore
solution that will meet many needs. For more complex situations
that require customisation, one-on-one assistance is offered. We
also provide complete turn key offshore banking services, third
party administration, and nominee director services for arms length
safety that will stand up in a court of law.
The offshore industry is an increasingly complex field but one
that is easy to understand for those willing to apply themselves.
What we have attempted to do here is to break it down to its most
basic components.
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