advice for holding companies.

[nettuno]

Hello everybody.
I apologize for my English language.
I am a 54-year-old Italian citizen.
With family and real estate.
a small company srl.

I would like to set up a holding company in which to initially register the ownership of some trademarks to be registered with the euipo and then the company shares (in italy and in europe)
I would not like to be accused of the crime of tax inversion in Italy.
I cannot change the country of residence

I ask you for some advice on the best jurisdiction and how to do it.
thank you

 

[bizman]

You could setup the company in Dubai or Switzerland, both will provide you with sufficient protection.

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[nettuno]

bizman said:
You could setup the company in Dubai or Switzerland, both will provide you with sufficient protection.
Click to expand...

Hello,
I asked an agent who advertises on this site for Dubai but they sent me a quote that was very out of my idea of spending.
Then I don't like being a resident of a Muslim country.

 

[Marzio]

nettuno said:
I would not like to be accused of the crime of tax inversion in Italy.
Click to expand...

If you want to avoid any problems read the D&G ruling and if you are smart avoid making the same mistakes. The holding company has to be active with office, director and employees. It must have a reason for existing other than tax advantage otherwise expect to receive a letter from Italian tax administration.

It would cost you much less to change your tax residency but you said that you can't so this is your only option.

 

[CyprusLawyer101]

Find a holding jurisdiction with a double tqx treaty with Italy. Also a member of the EU could provide reduced witholding taxes through the directives. Check Cyprus, Malta, Ireland and Uk

 

[Cetme308win]

CyprusLawyer101 said:
Find a holding jurisdiction with a double tqx treaty with Italy. Also a member of the EU could provide reduced witholding taxes through the directives. Check Cyprus, Malta, Ireland and Uk
Click to expand...

Panama have a double tax treaty with Italy for example

 

[ElBotellon]

CyprusLawyer101 said:
Find a holding jurisdiction with a double tqx treaty with Italy. Also a member of the EU could provide reduced witholding taxes through the directives. Check Cyprus, Malta, Ireland and Uk
Click to expand...

the D&G judgement (but also Cadbury Schweeps) was based on freedom of establishment, so I see a risk of challenge for UK since the EU freedom of establishment are not anymore applicable (under EU freedoms only "Wholly artificial arrangements" can be prosecuted by a country legislation).

 

[CyprusLawyer101]

ElBotellon said:
the D&G judgement (but also Cadbury Schweeps) was based on freedom of establishment, so I see a risk of challenge for UK since the EU freedom of establishment are not anymore applicable (under EU freedoms only "Wholly artificial arrangements" can be prosecuted by a country legislation).
Click to expand...

Its just a simple holding company of a few assets. No diversion of profits or base erosion

 

[JimBeam]

Unless you move out of Italy, and own/form a company somewhere else, the company would be considered a tax resident of Italy. Case closed.

Your options are:
1. Moving/relocating permanently (not many Italians can imagine living anywhere else other than in Italy as the Italian lifestyle is totally unique). If you're from the north of Italy, and you can afford maybe you cold move to Switzerland
2. Having it all in someone else's name who is not Italian citizen (risky)

nettuno said:
I asked an agent who advertises on this site for Dubai but they sent me a quote that was very out of my idea of spending.
Click to expand...

How much was it and what for?

nettuno said:
Then I don't like being a resident of a Muslim country.
Click to expand...

Understood, but in reality there are zero issues with that.

 

[Gyan Rosling]

marzio said:
If you want to avoid any problems read the D&G ruling and if you are smart avoid making the same mistakes. The holding company has to be active with office, director and employees. It must have a reason for existing other than tax advantage otherwise expect to receive a letter from Italian tax administration.

It would cost you much less to change your tax residency but you said that you can't so this is your only option.
Click to expand...

Yes but D&G won in the end and now that case is mentioned regarding the freedom for EU citizens to establish an EU company (holding or trading) in whatever country they chose. This is the EU law, which is legally above national laws. Now, I advise to take this with a grain of salt and protect yourself from the beginning. But in theory, the D&G case can now be used at your advantage, even if the Italian taxman is like a dingo, and will never cease to ruin your life

 

[Gyan Rosling]

nettuno said:
Hello,
I asked an agent who advertises on this site for Dubai but they sent me a quote that was very out of my idea of spending.
Then I don't like being a resident of a Muslim country.
Click to expand...

Hi Nettuno, be wary of the con artists out there consulting for offshore and onshore incorporations. It's a sea full of shark. I work in the international business industry from quite some time now, and I can advice you about how to filter the good from the bad. I have a curated vetted list of reputable advisory firms I have no affiliation with.

Last edited by a moderator: Aug 11, 2022

 

[BA UK]

nettuno said:
Hello everybody.
I apologize for my English language.
I am a 54-year-old Italian citizen.
With family and real estate.
a small company srl.

I would like to set up a holding company in which to initially register the ownership of some trademarks to be registered with the euipo and then the company shares (in italy and in europe)
I would not like to be accused of the crime of tax inversion in Italy.
I cannot change the country of residence

I ask you for some advice on the best jurisdiction and how to do it.
thank you
Click to expand...

Hi, I speak both Italian and English. Before deciding on a jurisdiction, I need to know how you want to organize your holding, possibly the future profit and if you want to set up a trust.