Question about anonymity when investing money through Swiss Limited Company

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John89

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Jan 28, 2021
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I wonder if anybody is familiar with some legal matters related to Limited Companies (societe anonyme in French, Aktiengesellschaft in German) in Switzerland. Someone (say Mr. Fox) would open the company and be the administrator of that company. I would put $1 M. of my money into the company, invest the money and pay all the necessary Swiss taxes. I would be a staff of the company and pay myself a salary (which basically comes from the dividends of my investments) and pay all necessary taxes on this salary.

I would be living in France, and the office of this company would be in Switzerland. I would go to the office (in Switzerland) whenever i would have to make some changes in my portfolio.

I talked to a tax adviser, who told me that the French tax officers would not agree to this arrangement. Since I live in France, it would be obvious to them that I only opened this company in Switzerland to avoid paying French taxes, so I would be involved in illegal tax avoidance.

My question is how the French tax authorities would find out whether the $ 1 M is mine, or of the administrator (Mr. Fox), or of whom. To me it seems that the money belongs to the company, so how would anybody know whose money it actually is?

Shareholding is no longer anonymous in Switzerland, so the tax authorities would know who are the shareholders of the company, but the government only has the name of the administrator (Mr. Fox), right?

By the way, before the money is invested into this company, it wouldn't be in France. I would transfer the money from (say) Singapore to the Swiss company, without passing from the French authorities.
 
OP you really want to post this in the mentor group after you got access‌ to it if you upgrade your account.

I assume Admin will move it their anyway‍ sooner or later as he get aware of it.
 
Switzerland "doesn't have" a UBO register (AFAIK...) but each bank is required to ask for‌ UBO forms and report abroad if you're subject to CRS
 
Mr. Fox could use nominee shareholder and director to not appear on any register.
 
I think Mr. Fox is not the problem. He is a friend of mine and‌ will be paid about USD 100 a year to put down his name as the‍ administrator of the company. This is normal practice. Many administrators administer tens of companies, and⁠ just put their names down. The question is whether the Italian government will know that⁤ I (John) am investing my own money.
 
How can I make sure that a nominee shareholder cannot steal‍ my money?
And how can I find one? I guess in most cases they are⁠ lawyers?
 
does not work in Switzerland, you better check with the CSP's‍ in switzerland before you post such. For me it was impossible to appoint an nominee⁠ for the only purpose to hide the UBO!
 
If your scheme⁣ relies on someone receiving $100 a year to make it work. I would hasten a⁢ guess this scheme is not going to work
 
Mr. Fox is not the problem. He can be the administrator‍ of the company, receive $100, and pay taxes on these $100. This is common practice⁠ in Switzerland, there are lawyers or fiduciary companies that exist only for this purpose (they⁤ also do the accounting, etc.).

The problem is that I don't want to appear as⁣ the UBO and pay taxes in France. I want the company to pay taxes in⁢ Switzerland. I would then be employed by the company, and be paid a salary by︀ Mr. Fox's company, for which I would pay taxes in France. How could I get︁ a nominee shareholder for that? If I understand it correctly, I would need to find︂ someone who said "This $ 1 million belongs to me", but:

1) he wold need︃ to prove the origin of that $ 1 million (that it wasn't stolen), which wouldn't︄ be easy.
2) he would have control over that $ 1 million (would be able︅ to withdraw it and run away with the money).

Any advise?

Thank you very much.︆
 
You can open a new company by Swiss fiduciary, they will‍ appear as official owner of the company, and them they Will appoint swiss administrator. Bank⁠ will ask for real UBO, but this will stay private, as long as the company⁤ will be operative, that is with real business, employees, phisical address and so on, no⁣ reporting to CRS, they will do in case of screen company. Remember that fiduciary will⁢ be managing all in and out Bank payment, they want to be safe about them.︀ All this is expensive
 
What would you estimate the price to be for such︀ an setup per year ?
 
that's an indeed interesting question, and what law firms or‍ asset manager firms provide this service?
 
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