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1. LAVECO LTD. MIPIM 2009
Cannes, March 10th – 13th 2009
2. to provide insight into the possibilities offered by offshore companies in the sale and purchase of real estate
to present the advantages which can be obtained by the use of such companies
to introduce the services offered by LAVECO Ltd. in this field:
company formation
opening of bank accounts
registration of companies in Cyprus
administrative services
3. Problems to be resolved: taxation: countries with high tax rates
25 – 35% profit tax
sale of real estate may be subject to VAT
stamp duty may be payable, usually by the buyer
inheritance
inheritance tax may be as high as 40%
in certain countries women can not inherit
asset protection
malicious family members, relatives
business partners
spouses
anonymity
business competitors
official state bodies
4. What do we mean by the term offshore company? There are numerous countries and jurisdictions throughout the world which have developed advantageous tax laws for companies which are registered in these countries. Countries falling into this category are known as tax havens, and companies registered there, but not carrying out activities there, are known as offshore companies.
5. Which are the best-known tax havens and offshore jurisdictions? Well-known jurisdictions: British Virgin Islands, Panama, Seychelles, Belize, Gibraltar, Cayman Islands.
Not typical offshore, or semi-offshore jurisdictions: England, USA, Hong Kong, Cyprus.
6. What taxes exist in these countries? In the countries listed above, there is either no tax at all on profits of a company, or the tax rate is extremely low. In the case of the Seychelles the tax is a fixed rate of 100 USD per year, while in the British Virgin Islands the figure is 350 USD, irrespective of the company’s annual turnover or profit. Resident companies in Cyprus are subject to 10% tax on profits, which by global standards can be considered extremely favourable.
7. Can an offshore company own real estate? The by-laws of just about every type of offshore company allow for the company to buy and own real estate in any country in the world. It is also necessary, however, to take into consideration the laws of the country in which the real estate is situated, as these may vary considerably from country to country.
There are countries where foreign companies can not buy real estate, even with special permission.
In some countries, certain types of real estate (e.g. agricultural land, listed buildings etc.) can not be owned by foreigners, while the ownership by foreigners of other types is subject to special permits.
In other countries, if owning a property also means owning the land it is built on, then this may only be achieved through the formation of a local company, and in this case, it may not be advisable to have the building itself owned by a foreign company.
In the most liberal countries, there are no restrictions on the acquisition of real estate by foreigners, and so foreign companies can own property without having to obtain special permission.
8. How can offshore companies be used in real estate transactions? Sale and purchase of real estate through an offshore company I.
Sale and purchase of real estate through an offshore company II.
Sale and purchase of real estate through a project company I.
Sale and purchase of real estate through a project company II.
10. Sale and purchase of real estate through an offshore company II.
11. Sale and purchase of real estate through a project company I.
12. Sale and purchase of real estate through a project company
13. The benefits arising from the use of offshore companies: taxation: no profit arises from the sale of the real estate in the country in which the real estate is situated - there is no profit, so there is no requirement to pay profit tax or VAT
the real estate itself has not been sold, so there is no requirement to pay stamp duty
the share certificates are handed over, no inheritance tax is payable
asset protection: assets are kept separately, nobody else has access
anonymity: the individual does not appear as the owner of the real estate in the official records
14. Introduction of the LAVECO Group LAVECO Ltd. – established in 1991
We currently have 5 offices:
UK – London
Hungary – Budapest
Cyprus – Larnaca
Romania – Bucharest
Bulgaria – Sofia
The main activity of the company is the incorporation of tax-free and low-tax companies in more than 40 countries and jurisdictions throughout the world, together with related supplementary services.
15. Main services Company formation in more than 40 jurisdictions worldwide
Opening of bank accounts
Registration of companies in Cyprus
Administrative services
16. Company formation in more than 40 jurisdictions worldwide Traditional offshore jurisdictions:
Zero tax havens: fixed rate of annual tax (100 – 350 USD)
British Virgin Islands, Belize, Bahamas, Seychelles, Marshall Islands
Territorial tax principle: Panama, Hong Kong
US companies: Limited Liability Company
For non-US owners and managers, operating outside the USA
Delaware, Wyoming, Utah, Nevada, New York, Washington D.C.
For trading within the EU:
Cyprus: low tax (10%) – EU prestige
Prestige companies: UK Ltd. and LLP companies
Specialised companies: asset protection foundations – Panama
17. Opening of bank accounts More and more difficult: a significant number of banks throughout the world have now turned their backs on accounts for offshore companies
Private banking: available in almost all banks, but high deposit required (typically 500 000 EUR)
LAVECO speciality: retail banking possibilities for companies incorporated through our services:
Cyprus
Hungary
Slovakia
St. Vincent and the Grenadines
Liechtenstein
18. Registration of companies in Cyprus Cyprus has been a member of the EU since 2004
profit tax was increased from 4.25% to 10% (lowest in the EU)
liberal approach of the tax authorities
stable banking background
professional infrastructure: bankers, lawyers, accountants, consultants
possibility of obtaining EU VAT number – for trade within the EU
no withholding tax
no capital gains tax
Private individuals resident in Cyprus for tax purposes:
must spend more than 183 days on the island in the given tax year
tax-free salary up to 19500 EUR
no capital gains tax
no inheritance tax
no gift tax
19. Administrative services secretarial services: forwarding of mail, fax and telephone messages
arrangement of accounting and auditing services: UK, Cyprus
arrangement of legal advice
obtaining corporate documents (Certificate of Good Standing, Certificate of Incumbency), amendments to company details (change of directors or shareholders, company name change, increase of capital etc.)
provision of nominee owners and company directors
fiduciary services
ready-made companies from 11 jurisdictions in one working day
22. Thank you for your attention! Please feel free to visit any of our offices for more information and free consultation!