Is offshore dead? Small business tax shield advice - UK & Offshore

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zozon

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May 22, 2021
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Is Offshore dead?

I am a UK resident and have a small business that mostly works with US/EU companies. We are talking about relatively modest profits here and I don't pay myself much so most of the profits stay in the company. Given that I don't do much UK business I was looking at ways to minimise the UK corporation tax and started looking at BVI or Bahamas.

My idea was simple. I would set-up a new business in BVI where I would be the sole shareholder and UBO. My BVI company would then sell to my non-UK customers (wire transfer only to an EMI) and then my BVI business would sub-contract my UK business to deliver part of these services (e.g. BVI would pay 20% of the order value to the UK company for services). Any UK customers would fully go through the UK company. If I wanted to take dividends from the BVI company, as a UK resident, I would be happy to pay UK dividend tax on that. So I am really trying to minimise corporation tax and keep profit as cash/retained earnings in the company.

Would this work?

I read somewhere that because of the increased financial/UBO transparency the HMRC would "find out" and claim my BVI company is tax resident in the UK as it is controlled from the UK by the UK resident and I would have to presumably pay corporation tax in the UK for the BVI company. So, what is the approach to minimising corporation tax in 2022 for small companies... or is the offshore really dead?
 
No, not in a sustainable and/or lawful manner.

Offshore in the sense that was discussed‌ 10 or so more years ago is dead. Many websites by dormant, dead, or deceptive‍ service providers still paint (or at least strongly hint of) a picture of a reality⁠ where you can form a BVI company, pay zero tax, and somehow that's the end⁤ of the story. In reality, your BVI company becomes tax resident in the UK and⁣ while that has been the case for quite a long time, it's practically enforceable nowadays.⁢

Today the short of it is that if you don't like UK tax, stop living︀ in the UK.
 
The only problem is that it seems that significant number of businesses (and politicians) still‌ do use a scheme to reduce their (at least corp) tax to zero. Every time‍ there is a leak from one of the offshore havens and their names appear -⁠ the mantra is that it's all legal and it's more an ethical issue. This is⁤ confusing.
 
I dont think so. Usually it was incorporations done⁣ in the 2000s.

And now the latest leaks was just about people who own real⁢ estate in Dubai
 
It's a very different story when there is significant wealth and/or political influence involved.

They play by the same rules but have access to far greater means to make their‌ structures legitimate.
 
Is there anything to stop this member from setting up in Bulgaria? It's what I'm‌ looking at right now. They have the lowest Corp tax in the EU at 10%‍ and double-taxation treaties with the UK.

There's some interesting things about Bulgarian companies and tax,⁠ and I'm researching what is fact and what is fiction. For example I'm reading in⁤ some places that it's 0% for non-residents, and in others it's definitely 10% but the⁣ company won't be taxed if you don't distribute the profits. eek¤%&

This surely seems like the⁢ cleanest, legal way for UK residents to run an offshore company with very little tax︀ burden? Access to good banking and merchant services as well with it being in the︁ EU...
 
With tax treaty you⁠ will not have to pay Bulgarian plus UK corporate tax. It means you will pay⁤ Bulgarian corporate tax and then the difference (remainder) in the UK. Overall your tax burden⁣ is unchanged. That's if you qualify for the terms of the DTAA.

https://assets.publishing.service.g...tachment_data/file/515450/UK_Bulgaria_DTC.pdf
Credit = you can deduct it from your︅ UK tax bill. It does not mean that it replaces UK tax.

Tax exemption for dividends only apply if they would also apply under UK law.︊

Cough up UK tax unless you can prove you are exempt.
 
Yeah more or less just caught up with︀ all of this today.

I think the best option for any UK resident now is︁ just to up and leave and go to somewhere like Cyprus. It's mostly English speaking,︂ drive on the left, 300+ days a year of sun and good beaches, with 12%︃ corp tax and 0% on dividends as a non-dom. Only 2 hour time difference as︄ well.
 
What about a Offshore- or low tax company with full office and management, you can‌ avoid to get taxed in your home country! I know it's not going for cheap,‍ but that is what wealthy people may do ?
 
What about if you were Non-domiciled UK Tax Resident?

Would the BVI company still assume UK Tax Residency? Even though your domicile and 'place of⁠ operation' is not in the UK since you're not living there?- would it be in⁤ the place of domicile?

I ask this because I currently have domicile in a highly-taxed⁣ Scandinavian country whilst maintaining my UK residency- therefore I am able to achieve non-dom resident⁢ status in the UK, and personally not be taxable on worldwide income, and not be︀ taxable in the Scandinavian country as I am only domiciled there.

I am yet to︁ speak to a Tax Professional about this, but since my last post in the Gold︂ Group I have been knee deep in research in regards to UK non-dom + what︃ the possibilities are before thinking about company structures.

I am also thinking about opening an︄ BVI but I am restricted with time- I need a bank account open fast and︅ from what i'm reading I could be waiting months.
 
Depending on the income, there's ways to do it. The wealthier you are, the more options⁠ you have. But without relocating or being very creative, you'll always be taxed where your⁤ center of operation is. Let's not talk about all the issues that arise from BVI⁣ and such setups.
 
That could be done very cheaply in places like Bangladesh, India etc but nothing desirable about⁠ having your company/brand there. All the places that are good for tax have high cost⁤ of living and wages, so yes it would only be a wealthy man's game, or⁣ those with a significant sized business to make it worthwhile. In which case, you have⁢ to wonder what the point would be in the first place.
 
And you have to worry about trusting people in a country where even⁣ 100k could make a big difference in their lives, which gives them an incentive to⁢ scam. Not being racist here, but that's like offering someone one million here.

With a︀ moderate amount of money there is ways possible of achieving the goal and you don't︁ need to spend a 6 figures or even 5 figures to achieve it. But it︂ doesn't work for everyone and depends on turnover, countries involved and the type of business.︃

No cheap trustee structure will save him from paying taxes as well as giving relaxing︄ sleeps. lol
 
I have already read such schemes here:

Allegations against Brockman include operating a complex web of foreign companies and bank accounts; using unreported⁠ taxable income to buy a luxury yacht called "Turmoil;" creating an encrypted email system to⁤ communicate with employees using code names such as "Bonefish" and "Snapper;" asking a money manager⁣ to attend a "money laundering conference" under an assumed identity; and persuading that same money⁢ manager to destroy documents and electronic media using shredders and hammers.
"Dollar amounts aside, I︀ have not seen this pattern of greed or concealment and cover-up in my 25+ years︁ as a special agent," Jim Lee, chief of the IRS Criminal Investigation Unit, said during︂ a press conference.
 
The problem is that people tend to try to evade taxes rather than reduce them.‌ Also most are not willing to relocate or build something with substance (real substance) to‍ make their tax reduction possible.
 
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