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Offshore FAQ

Some people have the impression that sheltering assets offshore is diffcult or cumbersome to achieve. Our expertise in Belize which is one of the best tax havens in the world, with modern legislation specifically enacted to protect the investor, is your assurance of a process that easy, convenient, confidential and secure.

To help you, here are some commonly-asked questions and answers about offshore planning.

 

Typically, offshore refers to a tax jurisdiction other than where you reside. Belize is our country of choice since this Caribbean nation is stable, democratic, has its laws based on English common law, and has specifically developed modern laws aimed at offering the highest level of security and confidentiality for offshore business.

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Secure proof enough to withstand even the best efforts of the US SEC. Belize was the first country to turn away the SEC in a landmark Supreme Court ruling. In a landmark decision asserting Belize's sovereignty as an offshore financial jurisdiction, the Supreme Court of Belize upheld the country's confidentiality laws by revoking a previous court order set in motion by the Securities and Exchange Commission of the United States requesting that confidential documents, belonging to Swiss Trade and Commerce Trust, Ltd., be handed over to them.

In the case, Securities and Exchange Commission (SEC) vs. Swiss Trade and Commerce Trust, Ltd., Banner Fund International, Lloyd Winburn et al, Supreme Court Justice Troadio Gonzalez ruled that documents held by the Belize court belonging to Swiss Trade and sought by the SEC, be immediately returned to Swiss Trade and Commerce Trust, Ltd.

Lawyers for Swiss Trade said that what this means for Belize is that this aspect of confidentiality, which is an important feature of the offshore industry, has been upheld. The decision was a major shot in the arm for Belize's offshore financial services sector. A country's ability to assert its sovereignty without the interference of outside forces is a major deciding factor in choosing a place to invest and protect personal property.

When asked for his comment related to the decision, Lloyd Winburn, Director of Swiss Trade & Commerce Trust, Ltd., in Belize, stated, "The Court's decision confirms our reasons for establishing our company in Belize originally. The law related to confidentiality has been tested and found to be not lacking clarity and strength.

The case arose after the SEC investigators attempted to get information on individuals holding assets with Swiss Trade. The Supreme Court decision was upheld by the Court of Appeals in 1996.

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There are many advantages to moving assets offshore, Some of these are:

  • Asset Protection - To secure against future claims such as judgment, divorce proceedings, bankruptcy, creditors and litigation.

  • Estate Planning - Family and Protective Trusts for accumulation of investment income and long-term benefits for beneficiaries on a favourable tax basis (without inheritance, income, or capital gains taxes)

  • Confidentiality - From claimants, ex-spouse, competitors, and other parties from whom you wish to keep your business interests private; and

  • Reduction of Tax liability - Through International Tax Planning - a foreign jurisdiction can offer unparalled opportunities for reducing your tax liability.

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Absolutely. Because every developed nation encourages international trade and investment, there are no restrictions on residents doing business or having bank accounts in other countries. Offshore investment vehicles are used every day by sophisticated and knowledgeable high-net-worth individuals and corporations all over the world.

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Dealing with advisers and tax planners based in your own home country, can be dangerous. Individuals and firms in North America for example are subject to jurisdiction in those countries and are vulnerable to pressure from regulatory agencies to divulge sensitive information. Even professionals can be "encouraged" to give up your identity and financial information by threats of investigations or tax audits against the local firm. In the event that an offshore consultant in your home country is involved in litigation, he or she could conceivably enter into a deal with tax authorities to give up your financial information in exchange for leniency.

A firm with professionals on the ground in Belize is immune from outside pressures from foreign jurisdictions and is likely to be the most competent in securing your investment. Additionally, a Belize-based consultant is in a better position to have the most up-to-date information on the best strategies for moving and protecting your assets under Belize offshore jurisdiction.

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Offshore Banking - Belize IBC Act PDF File



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