In a broad sense, offshores are territories with the most favorable conditions for doing business. These spaces received this name because most offshore companies are island states, but not all of them. A banking business registered in an offshore zone can become an effective tool for comfortable and safe entrepreneurship. However, any tool must be thoroughly studied before use. Below we will try to analyze the main strengths and weaknesses of establishing or acquiring a banking license offshore.
Our company provides comprehensive professional services covering all issues and tasks related to obtaining this type of permit offshore. We can also offer you the option of a ready-made banking license in Vanuatu, Antigua, Cyprus and other countries.
Introduction to Offshore Banking
Offshore banking has been relevant for more than half a century. It steadily maintains its position in the global market and constantly increases the list of available services. Today, offshore banks offer opening deposit accounts, currency exchange, money transfers, lending, investing, managing client funds, corporate governance, etc.
Typically, offshore banks provide simple and reliable access to the largest and most attractive offshore jurisdictions from the point of view of minimizing taxation. In addition, some of their services may be provided on an exclusive basis – in the event that the client cannot receive them in his country. Also, offshore banks are often attracted by the opportunity to place funds on deposits at increased rates.
Having a banking license, the owner of the institution can work in the following areas:
- issue loans;
- place funds on deposits (including time deposits);
- issue certificates of deposit;
- issue financial guarantees;
- conduct settlement and cash services;
- accept funds as payment for services, make bank transfers;
- maintain savings accounts;
- provide clients with check books;
- provide assistance in investing and asset management.
Offshore banks are legal financial structures that can be registered by companies or individuals with the aim of achieving financial security, stability and freedom. Today, many businesses and individuals benefit from owning offshore banks. The main advantage of obtaining an offshore bank license is unlimited financial freedom and security, the ability to increase your income through offshore companies.
Offshore Banking Pros and Cons: Advantages of Opening an Offshore Bank
Offshores have many faces and are diverse, so when choosing, the main thing is to take into account all the features of a particular jurisdiction. First of all, it is important to decide on the type of offshore zone. Regardless of the type of taxation in the offshore zone you choose, there will be annual costs for nominee service and a one-time registration fee.
Offshore banking benefits are next-mentioned.
- Nowadays, working with offshore companies is the easiest way to take a business abroad in order to reduce payments on tax obligations.
- For an entrepreneur, one of essential offshore bank advantages is absence of duties on the import of goods and equipment of the company, low tax payments or their complete absence, and absolute secrecy about who the real head of the company is. This does not allow the regulatory authorities of the state, of which the owner of the offshore is a citizen, to find out the whole truth about his income.
- Another advantage is that registering a company in a tax-free zone is usually much easier than in the country of which the business owner is a citizen. This is due to the fact that there are no bureaucratic obstacles to creating a company; documents are usually processed fairly quickly. At the same time, in offshore companies the rules for managing a company are often significantly simplified, thanks to which it is possible to delegate powers to a trusted person.
Offshore Bank Disadvantages and Challenges
Despite the large number of positive aspects of this approach to doing business, tax-free zones have significant offshore bank risks.
- The unclean reputation of many companies registered in free economic zones – since offshore companies enable entrepreneurs to hide information about their activities from regulatory authorities, conducting financial transactions through other countries has become popular among dishonest companies. Often these firms break the law in their own country or sponsor terrorism or other criminal activity.
- Threat to the reputation of the company by moving under the jurisdiction of an offshore company. This is due to the problems described above. Many clients, having learned that the company with which they cooperate is registered in a tax-free zone, may switch to competitors with more transparent activities.
- Legislative restrictions – currently, governments in many countries are actively fighting against companies that move into tax-free zones. In order to limit the activities of such firms, various laws are adopted, one way or another forcing entrepreneurs to remain under the jurisdiction of their state.
- Difficulties in obtaining loans – many banks refuse to work with companies that are registered abroad. This is especially true in cases where a company needs to obtain a large sum of money on credit. The bank does not want to take risks and would rather refuse to provide a loan that may not be repaid.
Classic offshore companies, which offer zero taxation, do not ask to submit (but only store) reports and maintain a closed register of beneficiaries – a popular solution among entrepreneurs from all over the world.
However, offshore jurisdictions strive to maintain an independent policy and protect their interests. This means that if there is no violation of the direct ban on cooperation with sanctioned persons, then you will be able to register a company almost anywhere you want.
Don’t forget that maintaining offshore banking licenses is gradually becoming more expensive. We are talking about fees for the renewal of the company, as well as for the services of a legal address, accountant, and registered agent. In some cases, it is necessary to ensure a real presence: from a website to a full-fledged office with employees.
The main problem of offshore bank requirements is that the subtleties of legislation in a foreign country are not known to everyone. Only narrow specialists are familiar with foreign laws. According to the legislation of some countries, an offshore banking business can be registered in the territory only if its owner resides in that country. There are also problems with obtaining residence permits or visas.
So as to avoid such situations to come as a surprise, the most correct decision is to start your own business abroad only after thorough preliminary consultations with specialists. This will keep you out of trouble and help you save your business.
Comparative Analysis of Onshore and Offshore Bank Licenses
“Classical” offshore jurisdictions are usually characterized by the absence of income taxation, minimal requirements for founders, authorized capital, accounting, and submission of financial and tax reporting. An important point of such offshore zones is maintaining the confidentiality of beneficiaries. As a rule, companies in offshore zones are registered through a local registered agent.
Onshore bank, regular jurisdictions, as a rule, is covered by taxes on company income and impose special requirements for founders, shareholders, directors, authorized capital and submission of financial statements. Registers of companies and their owners are most often in such zones public and available online.
Almost every offshore company jurisdiction that is a traditional tax haven does not impose taxes on foreign businesses. To obtain tax-exempt status, a business must operate outside the state of registration. For certain cases, midshore and even onshore with low corporate tax rates or special tax incentives are better suited.
Best Practices in Choosing a Jurisdiction for Obtaining Offshore Bank License
When purchasing or registering an offshore company, you must clearly understand what you ultimately want to get from the business. First you need to decide in which country you want to organize your business. Next, you should clearly define your goals, think over a competent business plan, open a current account in a reliable bank, enlist the support of an intermediary firm or lawyers who will supervise your activities and whom you can trust, since they will know in every detail the legislative framework of the chosen your jurisdiction.
Recommendations for choosing a jurisdiction for offshore bank registration are based on a detailed study of the current situation and possible future changes. In tax planning using an offshore organization, it is important to take into account several basic criteria.
- Main activities.
- Territorial coverage of the company.
- Possibility of applying tax agreements.
- Reputation of the jurisdiction.
- Conditions for taxation of a foreign company.
- Types of major future operations.
- Reliability of registered agents.
- Comfort of working with an offshore company.
- Confidentiality requirements.
The jurisdiction for an offshore banking license must provide the opportunity to conduct business without restrictions. You need to study how your company will operate and what it plans to do. Typically, the constituent documents of a company indicate not only the main activities, but also additional ones.
If you plan to work with investments, as an insurance company, bank or trust, please note that recommendations for choosing an offshore jurisdiction may vary. Such activities require obtaining additional permits – licenses, the requirements for registration of which may vary in different states. However, the financial institution or investment fund must actually be present in the territory of the country of registration.
Additional recommendations for choosing a jurisdiction to obtain an offshore bank license:
- identification of connections with the country of location of the owner;
- is there a need to create a permanent representative office of an offshore company;
- whether it is necessary to obtain a tax resident certificate in the jurisdiction where the company is registered.
It is 100% safe to open a banking business offshore if you comply with all established requirements and do not try to hide income from the tax authorities, as well as the name of the final beneficiary. The business world has long moved away from the concept of recognizing tax residency at the place of incorporation of a company. In modern realities, taxes are paid according to the laws of the country from which management is carried out. This should be taken into account first of all, including when appointing a director and transferring powers under a general power of attorney.
To avoid facing serious problems when working offshore, contact our specialists. We will become your reliable allies on the path to establishing your business.
The article’s author is Denys Chernyshov – founder and CEO of the globally-famous organization Eternity Law International.
