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 Offshore Company Formation

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Offshore Company Formation - Gambling License - Bank License - International tax planning

Offshore Company Formation- Gambling- and bank license

We are an English/German tax and law firm within the network of international tax consultants and lawyers (LowTax Network International), focussing, in particular, on "international tax planning for natural and legal persons".

Other focal points are: the formation of financial services companies and banks abroad, licences for games of chance within the EU and offshore, the incorporation of trusts and foundations and, in addition, the transfer of domestic assets into trusts within the English-speaking legal area (asset protection, bankruptcy protection, inheritance law). In so doing, we look after clients from various countries.

Our head office is based in Germany. In addition, we have branch offices, representative offices and fee-based tax advisers and lawyers in many countries. Formation of companies abroad is carried out by the lawyers’ offices with whom we collaborate in the country where the foreign company will have its place of business. Through this form of organisation clients are assured of the best possible advice in the various countries as well as the legally trouble-free company formation in the targeted country. Our work also includes, of course, the drawing up of expert tax appraisal reports within the context of the cross-border restructuring of companies.

   

Offshore Company Formation: What we are doing

Our work focusses on the following activities:

-Formation of companies abroad : company formation within the EU (Bulgaria, Cyprus, England etc.) and other countries (e.g. United Arab Emirates, Singapore, the USA, Belize, Cayman Islands, Liechtenstein), incl. all the necessary services:

  • formation of the company, recording it in the register of the county

  • registered office, virtual office up to and including an office (proper registered office)

  • if required: provision of a trust manager or salaried manager in the country where the company has its head office  (5 DTAs: location of the senior management of the company as the location of the business premises for tax purposes). This task is only taken on, in our case, by lawyers or tax consultants within the country where the company has its head office.

  • if required: provision of nominee shareholders

  • opening of an account in the name of the company, incl. credit card and internet banking

  • bookkeeping, preliminary turnover tax return and annual accounts ˇ        

Formation of holding companies within the EU (Cyprus, the Netherlands, Spain, Denmark) and other countries for the purpose of collecting the dividends of the subsidiary companies as free of tax as possible, the non-taxation of purely holding revenues (holding privilege), the further distribution of the dividends as free of tax as possible to the actual owners of the shares (dividend routing). In addition: the formation of management and administrative holding companies, including the choice of location and all the measures required for the purpose of tax recognition.

  • Cross-border restructuring of companies

  • expert tax survey reports Law on double-taxation agreements

  • Europe PLC, company mergers, EU guidelines on mergers

Intellectual Property (IP)

Intellectual Property (IP) can be one of the most valuable assets of an organisation. Choosing the right location for the centralisation and management of IP is a very important strategic business decision. The ideal location to establish an IP structure is one that can serve the organisation’s business strategies/model, safeguard and protect its IP and contribute to its tax optimization.  

IP covers a wide range of intangibles including:

-Copyrights, which may take any of the following forms: literary works, dramatic works, musical works, scientific works, artistic works, sound recordings, films, broadcasts, published editions, databases, publications, software programs

-Patented inventions

-Trademarks (and service marks), designs and models that are used or applied on products.

The above is a non-exhaustive list.

Tax advice for natural persons and entrepreneurs:

  • Migration abroad, shifting of unlimited tax liability

  • International inheritance tax and successor asset planning  

  • Assignment of employees

Turnover Tax Law - Customs Law:

  • Cross-border facts and international optimisation of the organisation

  • Repayment of turnover tax, international facts

Asset Protection- Inheritance Law- Business Succession:

Setting up of trusts and foundations in the English-speaking legal area (Belize, Jersey, Panama, Cyprus), transfer of domestic assets to foreign companies, trusts within the English-speaking legal area (family trusts, company trusts).

What we are NOT

We are "not just a company formation agency" that promises its clients quick and cheap solutions without risks. Offers from such types of agencies which, as a rule, are not tax offices specialising in international tax law and, therefore, not allowed to give any tax and/or legal advice, are often extremely risky arrangements which quickly become a tax trap. The key words are: laws to prevent the misuse of arrangements within individual countries, clauses on the misuse of DTAs, G20 agreements, and information agreements with regard to tax affairs between countries.

Giving Advice to Clients in the Run-Up to Setting-Up a Company / Tax Planning

Our office employs specialists in international tax law (tax advisers with specialist training in international tax law, lawyers, tax LL.M.s, and/or graduates in business management with additional training) and/or fee-based advisers with the same qualifications. For special tasks our office can fall back on tax advisers with special qualifications who work for a fee. Thus this involves, in the case of one partner, a lawyer with additional qualifications in international tax law and an LL.M. (in tax), who is working in the tax planning and strategy department of a major automobile group and is focussing on dealing with issues associated with tax-optimised financing, restructuring, holding activities as well as the European effects on direct taxation law. Thus, over the years, a network of highly specialised advisers has emerged which really is comparable with the Great Four (Deloitte Touche Tohmatsu, PricewaterhouseCoopers (PwC), Ernst & Young, KPMG) in this sector, specifically in terms of quality. We are happy to give our clients advice over the telephone, by e-mail or in person at our premises.

Expert Tax Appraisal Reports

International tax law is a highly complex business. Therefore, within the context of tax optimisation plans or the cross-border restructuring of companies it is frequently necessary for highly specialised tax advisers / LL.M.s (in tax) to show possible routes to solutions and to point out their advantages and disadvantages prior to implementing them. This is carried out by means of a survey report/expert appraisal report. Domestic tax advisers cannot, as a rule, carry out such an expert appraisal in practice as they lack the relevant specialisation. Major international tax consultancy firms are frequently too expensive for the client. Due to the shape of our organisation we are in a position to carry out the relevant expert appraisal reports to an extremely high standard and on affordable terms. In so doing, we are very willing to collaborate with your domestic tax adviser. Once the expert appraisal report has offered suitable routes to a solution the client decides, with our assistance, on the best possible route. At the same time, our office will, at the request of the client, not only to assume responsibility for giving tax advice but also for putting together the relevant constellation, that is the appropriate setting up of the company abroad.

“Formation of Financial Services Companies and Banks”

Services within the EEA, the USA, Switzerland and Offshore (e.g. Cayman Islands) Our “international banking law” department deals with the incorporation of financial services companies and asset management companies and banks within the European Economic Area (EEA e.g. Germany, Spain, Luxemburg, Liechtenstein), Switzerland, the USA and offshore (e.g. Cayman Islands).  Services offered as part of incorporating of banks are inter alia:

  • Formation of the company of the bank

  • Application for admission to hold an A licence

  • Setting up a place of business at the place of jurisdiction of your bank

  • Recruitment of fit & proper personnel for the management of the bank according to international banking law

  • Connection to a ratings agency (Rating, Basel II & III), e.g. Moodys, S&P

  • Connection to the Society for Worldwide Interbank Financial Telecommunication (SWIFT, appointments at SWIFT), Swift Code and IBAN

  • Connection to a deposit guarantee fund

  • Banking law (general terms and conditions of the bank, credit agreements, due diligence, compliance, etc.)

  • Representative offices or branches in other countries

  • Tax planning and routing of dividends e.g. by setting up a holding company

International Games of Chance Licences Services:

  • advice on the choice of the country in which to have the head office

  • law on games of chance and betting

  • setting up of the company incl., on request, a proper registered office, trust director and/or shareholders, opening of an account

  • application for a permit (business plan, profit and loss account plan for the first three years, general terms and conditions etc) up to the granting of the licence

  • tax advice (tax planning, intermediate holding company for the routing of dividends)

  • arrangement of software programmers for the games of chance/betting platform of the online offer

 

 
 
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