Q1: If so,︅ he will be able to get aliments based only on your salary, not on the︆ assets of LTD. In the case of divorce, a general rule is that only a︇ wealth accumulated and created in marriage is subject to divorce settlement. However, many variables plays︈ a role. Who applied for divorce, kids, cheating, if he became sick / disabled during︉ the marriage. There can also be a major shift between what I know from my︊ experiences in my country and the law in Netherlands (I am not an expert). The︋ only real protection is to have assets offshore OR to have prenuptial agreement, which is︌ exactly what you should do. It is 2019 and a normal thing to do.
Q2: No, if you will owe money on a personal level, then a debt collector can︍ go after your shares in the LTD. Normally, they can access only your shares and︎ its value when you bought them (LTD was created), which could be only couple euros️ (depends on the amount of shared capital). However, if you are the only shareholder and the only director, it can result in liquidation of the company. This will also depend on laws in the jurisdiction where you incorporate.
Q3: You can use your consulting LTD as a holding and funding vehicle company for other LTDs where you will own properties (across Europe or in NL). Personaly, I would create a new LTD company for each property, from three reasons.
1. If you will rent all properties through a single ltd you may reach the VAT registration threshold, therefore an obligation to charge your tenants VAT,︀ which can result in a lower profit for you or lower attractivity of your properties︁ on the real estate market for tenants. If you will continue in consulting business in︂ the future (perhaps for some EU customers) the likelyhood of reaching the VAT threshold is︃ even higher. It is fair to say, that the VAT threshold in Netherlands is now︄ relatively high (80k eur), but is expected to go lower very soon bc of push︅ from the EU.
2. If you will have each property in a separated company and︆ you will decide to sell, you can try to sell not the property, but the︇ shares of the company. If the potential buyer will be a corporate entity or just︈ a smart guy who wants to avoid 6% real estate transfer fee, you can make︉ this (actually, I am also looking for such property/company). If you will sell the shares︊ of the company and not the property in the company, it will be treated as︋ capital gains for the holding company (0% tax).
3. If you will not manage to︌ sell through the option in the point 2. you will sell normally, then is essential︍ to have a property in a separated entity. You want to have most of the︎ value of asset taxed through the lower tax bracket. Also, it is easier to do️ tax optimization through more entities from rent income (that is where you can reach me out and I can help to cut your cpt + directory salary taxes).
Hello, If you need someone︁ to help with SK LTD + UAE FZE setup, try to google in slovak language︂ "starting offshore companies", there is quiet a few companies doing so. It is not my︃ job, I just do have this UAE FZE setup by myself. Dividends 7%, not problems︄ so far. With Cyprus non-resident I would be more scared tho (only through Malta office︅ it is bulletproof). Maybe try to ask some agents here on the forum (perhaps in︆ the mentor section).
Admin, and what exactly they should do?︈
Lets say you own 25% of some REIT based in BVI, which you bought on︉ the stock exchange or out of the stock exchange as a slovak tax resident. You︊ receive dividends... now they should demand from you to pay CPT on profits the BVI︋ company have made bc of suspicion that effective management happens in Slovakia? Same it is︌ with the UAE company. They do not know where the actual business is happening, what︍ is the actual business or if you do not pay 100 employees in the UAE︎ to do and manage the business. In the case it gets to the court... they️ have to prove to you that effective management was in Slovakia, not you to them that it was in the UAE.. There is no need to overesteminate tax authorities. Ladies there work for 450 eur, by and large do not speak english, and they struggle to settle things when you change an address of the local ltd within the country, not complicated foreign structures. Skilled ppl they have focus more on VAT, bc 25% VAT-gap is more valuable than your few hundred k you cash (and actually pay taxes on) through dividends.
