Proper Banking for Crypto Cashout Marshall/BVI company. EU Resident

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Okay, there were some serious misunderstandings here in this discussion.

First, actually Poland has double‌ tax treaty with US.
Second, it is very unwise for Polish tax resident to cash‍ out cryptos for himself if he wishes to avoid tax.

Solution is relatively simple -⁠ one has to change his/her tax residency to a country which will not tax him/her⁤ on the crypto income. There is actually no need to create an offshore company to⁣ bypass the funds. The only idea I have about this advice is that lawyers are⁢ afraid that previous crypto trade will be allocated to Mark because under Polish law there︀ can be different interpretation of moment of creation of tax liability towards state. And that︁ is why they are proposing offshore company - to pretend that it was traded not︂ by Mark himself, but via offshore company.

This may also not work for some reasons︃ (e.g. tax avoidance clause in Polish tax code and mainly because Mark was Polish tax︄ resident during that time). So from my perspective it will not give Mark any extra︅ layer of protection. So, we go back to the simple things - we need to︆ switch residency. Why? First of all, because any legitimate bank (let's say Barclay's or other︇ private bank) has to comply with CRS. Under CRS they will report bank account UBO︈ to the country of residency. Because Poland is well known for its irritating tax authorities︉ it is better not to cash out as a Polish resident.

Somebody advised a Malta︊ here. I am not very into Maltese law actually. My idea would be UAE residency︋ and bank in Georgia.

Maybe this will help Mark:

Czy istnieją jeszcze prawdziwe raje podatkowe?︌ - Prawo do prywatności
 
@PolishCourier

Of course you are right, people posting in this thread are not even aware‌ of such as simple term as "tax residency".
Very good point on the creation of‍ tax liability, but as long as my coins were not purchased or sold... i think⁠ the tax liability is created the moment you sell. Will ask lawyers.

Switching residency is⁤ most important thing.

However the real problem is not even forming company or switching residency...⁣ but getting banking agreement

Actually i think that bypassing "forming offshore company" part and going⁢ for private banking account + selling as private person would be easier than trying to︀ find banking account for offshore company.

You can find some offshore bank (SWIFT only), but︁ most serious crypto-exchanges are located in europe and send only SEPA transfers.
 
Ask them but I'll bet they won't give you straightforward answer. Being lawyer⁤ myself I was asked this question a dozen times by Polish residents and my answer⁣ never satisfied my clients. In my opinion trading cryptos and exchanging one crypto into another⁢ creates a tax debt. This is classical tax liability arising from the exchange itself. Profit︀ is created not only when you move your assets into cash but also when you︁ trade one asset for different asset. Same thing is with crypto. That is why this︂ is problematic thing here and Imho you have already been outlaw for some time, unless︃ of course you only bought one crypto and waited patiently for its value to grow.︄ Then of course, no trade, no profit. But any trade, exchange etc. creates profit.

That is why they advised you to allocate your profits into offshore. That is good idea,︅ unless you provided your real data to some exchange provider... then, well... it gets complicated︆ but can be somehow resolved. My advice is to buy aged company.

As a natural person you have many more options, considering your citizenship. Not only︉ private banking but also many classical banks will meet you with open hands. Try Georgia,︊ fly to Tiblisi or Kuitasi and go to the nearest bank. Not only they will︋ make it quick but you will discover that they love Polish people

In case you︌ need to bank within SEPA as an individual I think you should try Latvia, Liechtenstein︍ or Luxemburg, maybe Switzerland for private banking. When you become Maltese resident you may also︎ consider Polish banks - like Getin Noble - they offer private banking as well.
 
As long as we're out of scope of CRS and residency given to exchange is︅ different than real chances for disclousure are low.
But overall in this case -> no︆ trading, or no exchanging crypto for crypto that would create tax liability earlier.

I'm not sure︋ if creating private banking account in Georgia wouldnt violate "foreign exchange law/prawo dewizowe". As far︌ as i'm aware, you're allowed to create EU bank accounts without permission from the Polish︍ gov.

Thank you for your advice 🙂 I'll try to look in EU and swiss mostly.︎

As you said you were not aware in malta's law. Esentially you pay 0% tax️ if you profit from foreign income that is not remitted to malta. So you need‌ to send it somewhere to foreign bank. There are different types of residences available.
 
I've discussed a similar setup with two a Maltese tax accountants. Doesn't fly. Even if‌ your tax residency is in Malta and you generate business income using an abroad company‍ then you need to pay tax in Malta since it is active trading is considered⁠ business. Malta has CFC laws which destroy this plan. The Maltese government might not spot⁤ this if you fly under the radar but be aware that it is illegal.

Although no accountant could point me at the actual CFC law. The literal answer was "it's⁣ an unclear, arbitrary process". Let me know if you got different advice.
 
Malta doesn't have CFC, been told that multiple times. So very interesting post︀ of yours.
Perhaps your accountants were looking for job so you incorporate maltan company? 🙂

If anyone have more info please provide.
 
You are allowed to bank in Georgia There is general foreign exchange permission to bank‌ in countries which signed association treaty with EU I think.
 
Even if it does not have CFC law at place, it will have one. This‌ is getting obligatory in EU. That is why I was thinking about UAE...
 
That's bulls**t. US only share with︍ Poland if there are any income in USA. I know about Tax residency well. You︎ cashout BTC in US Soil not in Poland Soil. There are plenty OTC exchanges in️ USA.
 
USA is non-crs country.

Banking Privacy: 13 non-CRS countries that don't exchange information | Nomad‌ Capitalist

I confirmed with my banker and they do not share any data with Poland‍ unless there are income.
Get a non-interest bearing account. You're done.
 
I know about tax residency and I always talk about bypassing this without︁ switching your residency. You wanted to do tax avoidance in many ways, So this is︂ also an option for you as it does same thing.

🙂

By the way, You can︃ get legal opinion from KPMG or PwC and show to Poland if needed.
 
How will you go about it to open a bank account‍ with one of the suggest banks in this thread and which are located in the⁠ USA?
 
Great, what about SSN number how can someone provide⁠ it if he/she isn't from the USA?
 
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