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THE OFFSHORE COLUMN

See if you can guess where the following tax rules apply:
  • No corporate income tax.
  • No taxes on corporate shares.
  • No franchise tax.
  • No personal income tax.
  • Nominal annual fees.
  • Corporations may purchase, hold, sell or transfer shares of their own stock.
  • Corporations may issue stock for capital, services, personal property or real estate, including leases and options. The directors may determine the value of any of these transactions, and their decision is final.
  • No franchise tax on income.
  • No inheritance or gift tax.
  • No unitary tax.
  • No estate tax.
  • Competitive sales and property tax rates.
  • Minimal employer payroll tax (0.7% of gross wages with deductions for employer paid health insurance).
  • A special business court that minimises the time, cost and risks of commercial litigation by early, comprehensive case management, active judicial participation in settlement, priority for hearing settings to avoid business disruption and predictability of legal decisions in commercial matters.
Sounds very attractive, doesn't it? Let me also tell you that this particular jurisdiction barely conforms to the 'know your customer' rules, which apply in almost every other country in the world. Indeed, if you want to form a company in this jurisdiction you can do so without proof of identity or proof of residence. What's more, it is surprisingly easy to open a bank account in this jurisdiction without providing more than cursory evidence of who you are.

I am describing the state of Nevada in the USA. At a time when the US is putting pressure on so-called tax havens all over the world, it is ironic that Nevada and other states (Delaware and Wyoming, to mention two others) should be actively promoting the very thing that the federal government is trying to stamp out. It will be interesting to see whether at some point in the future the shareholders of companies located in the low- and zero-tax states of America will find themselves in the same position as those using Swiss, Liechtenstein and other jurisdictions for the exact same purpose. Somehow, I doubt it.

UK's link to offshore financial centres is positive

Mark Field, the MP for the Cities of London and Westminster, recently published this short piece on offshore havens. It is so succinct and accurate that we are reproducing it in its entirety here.

"As the world has sought to understand the cause of the global financial crisis, international financial centres have naturally found themselves under fire. Taking much of the flak have been the smaller centres, whose offshore jurisdictions have raised the eyebrow of suspicion.

"Described as tax havens for avaricious bankers and secrecy jurisdictions for shady figures in the international business community, many believe they should shoulder part of the blame for shortcomings in the financial markets.

"That the debate over the role of small financial centres has been so one-sided is unfortunate, as it would be unwise to write off such jurisdictions before any commensurate attempt has been made to understand their role in the wider economy. Indeed, it is in the UK's vital interest that we take a dispassionate view of such centres in light of the benefits they can offer our nation.

"There seem to be four distinct myths that have gone unchallenged.

"The first is that international financial centres have a negative impact on growth in the global economy. In reality, many of the small centres have stable, well-regulated and neutral jurisdictions that can facilitate international business. Investment channelled into the small centres can, in turn, provide much-needed liquidity and can further investment opportunities, competitiveness and access to capital markets.

"The second myth is that they engage in harmful tax practices. The Foot Review, an examination of the UK's relationship with international financial centres, suggested that the potential for tax leakage from full tax jurisdictions towards low-tax or zero-tax regimes is relatively limited.

"A third myth suggests that small centres have a negative impact on transparency, regulation and information exchange. There is a huge difference between cooperative and uncooperative jurisdictions, between transparent and well-regulated centres and between the opaque and less well regulated. In the fight against money laundering and terrorist funding, offshore centres such as the Isle of Man are currently among the highest rated jurisdictions globally for complying with international standards.

"Finally, it is often thought that small international financial centres support capital flight from developing countries. But the Commonwealth Secretariat has suggested that small centres often play an important role in boosting development by enabling such nations effectively to 'rent' financial expertise from other countries, while developing financial centres of their own.

"This debate matters to the UK. Through our Crown Dependencies and Overseas Territories, we have a constitutional relationship with half of the top thirty offshore financial centres. Acting on a 'hub and spoke' basis, the massive capital flows between these centres and mainland UK aid market liquidity and investment, while our legal and constitutional similarities allow the transfer of skilled professionals.

"To put some perspective on this, in the second quarter of 2009, Guernsey, Jersey and the Isle of Man provided £209bn of liquidity to the UK market. With ever-darker clouds gathering in the Eurozone, many anticipate a second credit crunch as 2012 dawns. The UK's access to offshore money will undoubtedly prove vital in weathering the storms to come.

"Put simply, when it comes to our naked self-interest, it would be foolish of the UK to ignore the proven benefits provided by small international financial centres as part of the City of London's world-class operation. Reasoned debate on their role is valid, but let it not descend into myopic criticism that conveniently ignores those benefits."

You can read more at www.accountancyage.com.