Legal Structures for your Business that pay no tax - Legally

redeye

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May 24, 2011
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I'm setting up a business and I want to do it right from a legal point of view. I live in a high tax country and at some point intend to become a citizen of the world. I have an idea for a legal structure and was wondering if anyone else was thinking the same thing. My objective is to have a truly international company. I will lay out the details now and go into specifics if anyone if interested:


MANAGEMENT STRUCTURE


Company incorporated, business registered in an offshore location.

  • Offshore corporate trustee for the benefit of Unit/Discretionary Trust with beneficiaries in 3+ different countries .
  • Management Decentralized and shared with Directors domiciled in 3+ different countries.
  • Items to be posted out of China (for example)
The Experiment


What if we could create a new system of management and ownership? Where the role of the CEO was decentralized and instead was a democracy of the directors.


Each director was responsible for a specialist area (or areas):

  • Marketing and content production
  • Finance, Banking and Accounting
  • Web development
  • Service Outsourcing Management
  • Product Sourcing and Supplier Management
  • Product design
  • Facilitator / Director intermediary
What if we could get experts in each field and make them in charge of their defined areas as directors. They would have clear objectives and targets given by the board. The board would have mechanisms to reward genius and punish mediocrity. Would the voting machine work if at all?


Would they perform better in such a competitive environment?


Could the Board put aside their conflicts of interests and work for the greater good, and ultimately be better off?


As these people would live and work from all over the globe, what would the company's legal and tax domicile be?


LEGAL QUESTIONS


Where does the sale take place in following circumstances:



Client stumbles across site using google for example

  • Client directed by Australian targeted advertising.
  • Social Media
  • Client directed by friend.
  • Client directed by person in Australia/US who receives a “Loyalty Bonus”.
  • Transaction is facilitated by Resident who creates a recommendation. Client reviews order and provides payment details and tick ”˜I agree box' which has good wording.
Does the place of the transaction depend on:

  • The Domicile of those who Effectively Control and Manage the business.
  • Domicile of the Shareholder(S)
If there were many Directors/Shareholders what is the maximum percentage that could come from one country? Would it be 51%.


Where it was shipped from.

  • Location of Server
  • Bank Location
What is the treatment of Sales Tax? ANSWER: Where it is sent from (Goods) Where it is created (Services).


If there were salespeople and commissioned representatives (agents), Would the sale take place in their country of domicile? Does this open the door to the rest of the company?


Does it need a local option to: a) pay sales tax


b) operate at break even via pass through country (no tax on foreign income regime) .


Alternatively, would a discount, loyal points some other incentive scheme constitute agency

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Only the early bird catches the worm.
 
That's a very good approach to take to analyze your options before setting up a operation.


What I would do to keep all this simple is the following.


Incorporate a company in XY country, appoint a nominee shareholder and director, make a contract with them that they only can and will do any action if instrcuted by you and your members. The shares could be owned by a Trust which again is managed by a Foundation, put ap rotector and settler on top of this structure and your home free. No authority no tax man, lender or other creditor will ever be able to break this structure.


There are not less than 5 legal entities involved here and they will protect you from any tax that should be paid. This is also a great asset protection setup.
 
For the general privacy protection always use an VPS, VPN and TOR browser when communicating with any of the many offshore company formation agents around. Also during the process of setting everything up it's important to use some of these tools to protect your privacy and anonymity.


Today you can't be sure that no onw is listening on your Internet connection to watch what you are doing. If you already are in the spot of any tax authority it is of a major benefit to make use of the above.

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