Malaysian Government Client asking for Tax Residency Certificate for Seychelles IBC-what to do?

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JustAnotherNomad said:
So you do live in Ivory Coast? Then there most likely is a PE, as I mentioned in my first comment. But I guess they don't really care about enforcing their own tax code.

I also still don't understand why you're so interested in changing your citizenship. For Americans it absolutely makes sense, but India doesn't seem so bad tax-wise?
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Most likely and actually are two different things.
 
fortunespeculator said:
Work will be carried out by digital nomads from different countries who will be paid as consultants. So Place of work being performed will keep changing at the backend however just to show we can add an office in seychelles ,vanuatu or uae or Georgia( Georgian vze) to show where exactly offshoring is happening if place of work performed is some kind of an issue.

Also US substantial presence test doesnt apply as I am an Indian.
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You should start something like a UK company. You would pay out salary or fees to the workers and to yourself, and the UK company is tax resident in the UK by default so you can get a tax resident certificate (not sure how easy it is to actually get a tax residence certificate). Maybe the client won't require that for a UK company.
 
JustAnotherNomad said:
Andrew Henderson is an idiot. Certainly not someone I'd want to take advice from.
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Be a little classier than that, and say what you did not like.

He's a middleman and a marketer, not a lawyer. His free advice may be a bit generic, but he's certainly not an idiot. Without any value to add, he'd be out of business yesterday.
 
xzars said:
Be a little classier than that, and say what you did not like.

He's a middleman and a marketer, not a lawyer. His free advice may be a bit generic, but he's certainly not an idiot. Without any value to add, he'd be out of business yesterday.
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Yes absolutely agree with you on this.
 
Wow. Finally I found another Indian who face the same s**t I face.

I have a UAE Freezone company and was living in SE Asia.

Now with the new laws by modi govt. I am f***d.

Looking at finding alternate solutions for tax free life.

Did you resolve your issue brother?
 
buxhzk said:
Wow. Finally I found another Indian who face the same s**t I face.

I have a UAE Freezone company and was living in SE Asia.

Now with the new laws by modi govt. I am f***d.

Looking at finding alternate solutions for tax free life.

Did you resolve your issue brother?
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Chucking the Indian citizenship is the best solution as I have deduced.

If not the citizenship atleast you need to be resident in another country.

It is still a work in progress for me.
 
fortunespeculator said:
Chucking the Indian citizenship is the best solution as I have deduced.

If not the citizenship atleast you need to be resident in another country.

It is still a work in progress for me.
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Have you considered opening USA LLC and bank account as USA don't report back earnings to India?
thinking that might be a temporary solution till I get a Vanuatu or carribean citizenship
 
buxhzk said:
Have you considered opening USA LLC and bank account as USA don't report back earnings to India?
thinking that might be a temporary solution till I get a Vanuatu or carribean citizenship
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But that is goung to be taxed in the USA so whatever you gain you again lose isnt it?Maybe a tax free state in rhe US might wtill be an option.Maybe next year- this is the year of corona.
 
fortunespeculator said:
But that is goung to be taxed in the USA so whatever you gain you again lose isnt it?Maybe a tax free state in rhe US might wtill be an option.Maybe next year- this is the year of corona.
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No
Unless you have economic substance in usa, that won't be taxed. (That's what I understood)

Do you have employees or offices in usa? if no then there is no tax payable in usa.
 
Okay , with employees in USA this wont work.
I got this pdf from a website some time ago.
Explains the process.

I have 0 employees in US and plans to maintain it that way. So thats my plan till I exit India.

Hope you find solution for your issue soon too.

All the best brother.

Attachments​


  • us_haven_report_LLC.pdf
    184.7 KB · Views: 132
 
buxhzk said:
Okay , with employees in USA this wont work.
I got this pdf from a website some time ago.
Explains the process.

I have 0 employees in US and plans to maintain it that way. So thats my plan till I exit India.

Hope you find solution for your issue soon too.

All the best brother.
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If you are into consulting we can collaborate maybe
 
Set up a UK LLP or a LTD subsidiary you will get a Tax Certificate within 1 day.
 
Yes, bank account will be another issue but if they are in the same name he can use the UK, Unique Taxpayer Reference (UTR) number to satisfy the client requirements. Can be done in a day and every company whether they pay tax or not get one generated automatically if they don't apply for one.
 
But a UTR isn't a tax residency certificate, is it? It's more like a company ID, isn't it? It doesn't confirm that the company is tax resident in the UK? Much like an EIN or ITIN only is an ID the IRS assigns you, so you can fulfill your filing requirements, but it doesn't mean you or your company are a US tax resident.
 
JustAnotherNomad said:
But a UTR isn't a tax residency certificate, is it? It's more like a company ID, isn't it? It doesn't confirm that the company is tax resident in the UK? Much like an EIN or ITIN only is an ID the IRS assigns you, so you can fulfill your filing requirements, but it doesn't mean you or your company are a US tax resident.
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It is your Unique Tax Reference Number. That is the number you use to pay your tax. There are no other reference number to pay tax for a Company. By its very definition it's confirmation that you are registered for tax in the UK. Even a pass through LLP still has one and even though you register zero filings.
 
So it is not a tax residency certificate (CoR).
A quick Google search turned up this:

https://www.gov.uk/guidance/get-a-certificate-of-residence
You may be able to deceive the other party with your UTR number, but it is clearly in a completely different category than a CoR. You won't be able to get a CoE. And only the CoR would give you access to treaty benefits.

I am sure that you were perfectly aware of this.
 
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