offshore schemes. What are offshore schemes? The right offshore technology

"Given the stupidity of most people, the widely held view would be more stupid than reasonable."

— Bertrand Arthur William Russell, 3rd Earl Russell, English mathematician, philosopher and public figure.

"A delusion does not cease to be a delusion because the majority shares it."

- Lev Tolstoy

“The opinion of the majority is not always correct. Not a billion flies, not two, not three, not even more will convince me that shit is delicious.”

Joseph of Egypt

I would like to start this article with a parable about Khoja Nasreddin. One day boys came to Hodge. To get rid of them, he said that there was an apple cart around the corner. “Apples, apples!!!” the boys shouted and ran for the supposed treat. Khoja looked after them for a long time, and then thought: “Strictly speaking, a lot of people cannot be wrong. Since these pure, innocent children believe that they give apples around the corner, then it must be so!” “Apples, apples!!!” shouted Khoja Nasreddin and, picking up the skirts of his dressing gown, rushed after the boys.

Unfortunately, if you are modern world of the era of deoffshorization, choose the wrong tax optimization scheme or use an illogical offshore solution - one of those most popular offshore schemes, just the one that the tax cracks at once, then the explanation that you are a pure and innocent businessman is unlikely to help you. If you want to be like EVERYONE, then you increase your chances of becoming one of those fish that get caught in the net, then you are unlikely to become that lucky dolphin who swims away fun and without a scratch.

Each solution using offshore schemes must be developed strictly individually. Why do you think that large enterprises get away with many tax optimization schemes for years and decades? Yes, because they create real legends for their offshore companies and companies from low-tax jurisdictions, which then turn into reality. Real websites, contracts are created for offshore companies, people are hired, real and virtual offices are opened, an offshore company logo is developed for invoices and contracts. If the company is registered, for example, in Panama, then the legend is thought out to the smallest detail. Up to the fact that paper for contracts is purchased in Panama. Gradually, such a company acquires real clients and the offshore solution no longer needs to invent legends. The scheme really becomes correct and logical.

Moreover, in the era of deoffshorization, many schemes are simply dangerous without changing permanent residence and tax residency for the beneficiary. In other words, in order for the scheme to work, more and more flags have to be added to it from the very one that eternal tourists have been using for more than sixty years.

Offshore schemes (solutions) are legitimate tax optimization schemes where offshore and foreign companies are competently used to work with foreign business partners. There are no standard schemes, but there are examples that are used by enterprises in a certain situation, taking into account the specifics of their activities. Each company has its own unique offshore scheme, taking into account character traits company and the specifics of its activities. Of course, the drafting of the scheme should be done by professionals. Due to the fact that it is necessary to take into account a huge number of factors (tax residency of the beneficiary, plans to change it, country risks, double tax treaties and their conditions, tax information exchange agreements, plans to sign or ratify such agreements, protection of investors in the jurisdiction , international banks that are ready to open accounts suitable for the client for companies included in the scheme, and much more), the preparation of solutions cannot be free. If the solution for asset protection or bank account selection for elementary tasks of small business or capital protection can still be offered, then offshore solutions for active, medium or big business can only be paid service, as it will take several hours of the consultant's work.

The use of offshores, onshores with low tax conditions for foreign investors and midshores is quite legal even in the era of deoffshorization, so many companies and holdings began to use offshore schemes. From the point of view of an international investor from Russia, an offshore company is a tool for the safe use of international financial and investment services with additional protection from the local aggressive business environment. As you know, Russia and offshore companies are Siamese twins () and cutting without blood will not work.

Let's start the consideration of offshore schemes popular in Russia.

1. Export-import offshore scheme

It is divided into 2 types. First - export scheme, within which an offshore company acts as an intermediate link between a company from Russia and a foreign partner. This scheme is characterized by the use of reinvoicing - overestimation or underestimation of the price of goods. The essence of the operation of the export scheme is to purchase the exported goods by an offshore company at the lowest price and resell it to the final buyer in accordance with market prices. Tax-free profits remain in the offshore company. In fact, the scheme works like this: the movement of goods from the seller to the final buyer directly, the passage of all financial flows through an offshore company.

The second kind is import scheme, within which the goods are imported into the Russian Federation through an offshore company with an increase in the price of the goods to reduce the profits of the company from Russia, or a decrease in the price of the goods when moving goods with high customs duties.

The main thing in export-import schemes is the rapid movement of money. However, in the conditions of the current work of the banking sector and currency control in Russia, this requirement is sometimes impossible to meet. Therefore, a bank account of an offshore company in a foreign bank is the solution to this problem.

Sending goods across the border - Transferring money for goods - Accumulating net profit

2. Agency offshore scheme

The meaning of the agency scheme is the signing of an agency agreement by an offshore company and a UK company Ltd. The English company pays tax on its remuneration (5% of turnover) and submits the necessary reports to the UK tax authorities in a timely manner, and the net profit is kept on the account of the offshore company. This scheme excludes any involvement in offshore operations.

Signing of an agency agreement - Accumulation of net profit

Note: An offshore company and a UK company must not be owned by the same ultimate beneficiary

3. Extended agency offshore scheme when trading within the Russian Federation

Goods and funds pass through the RF company, which acts as an intermediary between the companies of the seller and the buyer. This company– an agent of a Cyprus company, who receives a remuneration from the turnover of funds in the amount of 5%, that is, the main profit is transferred to the Cypriot company. With income in accordance with current agreement for the avoidance of double taxation by a Cypriot company, a tax of 10% is paid. Further, there are 2 options for organizing the work of the scheme:

1) Overestimation of the costs of the Cyprus company.

2) Adding a classic offshore company. Then the Cypriot company is an agent of an offshore company and taxes are levied on 5% of the remuneration from the turnover. As a result, net profit is accumulated in an offshore company.

Despite the complexity of this scheme, practical application and the emergence of a number of questions about the profitability of the VAT deduction, the emergence permanent mission Cyprus companies, this scheme has the right to life.

Signing of an agency agreement - Use of a double taxation agreement - Accumulation of net profit

4. Non-resident scheme in the UK

This scheme is to use a company registered in the UK as a non-resident company for tax purposes. When managing and controlling the work of an English company from the territory of another state with which double taxation agreements have been signed with the “point of interruption of communication” section, the income received from a non-UK source of income by an English company is not subject to taxation. It is recommended to use Cyprus in this scheme. When using such a scheme, a UK company obtains a certain status - “dual resident”, which provides the opportunity to choose a country for paying taxes. The main requirement is that the management bodies and beneficiaries of the company must be physically located in Cyprus. If Cyprus is chosen as the tax residence of a UK company, it is possible to use the provisions of agreements concluded by the jurisdiction with other countries for the avoidance of double taxation.

Signing the contract - Provision of an invoice - Transfer Money- Management of the company's activities, including bank account, reporting and invoices - Use of a bilateral agreement to avoid double taxation

5. Offshore scheme used for international transportation

In most cases, this scheme is used transport companies engaged in international transportation. Thanks to the use of provisions signed between Russia and other jurisdictions of agreements on the avoidance of double taxation, it is possible to reduce the cost of paying taxes. Consider an example using Cyprus. Based on the signed tax agreement, the company does not pay taxes in the Russian Federation, and the cost of taxes in Cyprus can be minimized by using a Cypriot link company with a classic offshore company.

Provision of transportation services - Transfer of funds - Use of a double taxation treaty

6. Offshore scheme used in leasing operations

Companies use this scheme to purchase and further import equipment into the country. For these purposes, an offshore company and a resident company in Cyprus are established. An offshore company issues a loan to a Cypriot company that purchases equipment and concludes a leasing contract for a period of 3 years with a Russian company and uses the double taxation avoidance agreement in force between the countries.

After the equipment is leased out, the Russian company pays regular lease payments to the Cyprus company. The Cypriot company transfers funds to the offshore company as repayment of the loan and interest on it. As a result, the Russian company receives a completely legal channel for transferring money to offshore.

Transfer of funds - Transfer of equipment - Making lease payments - Repayment of a loan and interest on it - Use of a double tax treaty - Provision of a loan

7. Offshore scheme used in construction activities

There are two types of this scheme. In the first type of scheme, the Cypriot company plays the role of a contractor, receiving full payment for construction services from the customer. The Cypriot company and the Russian company conclude a contract, according to which the Russian company acts as a subcontractor and performs the entire list of construction works. All cash settlements take place through the company of Cyprus - the contractor, where the main profit is deposited.

Work control and supply necessary equipment, materials — Transfer of payment for construction works– Execution of construction works

The second type of scheme implies that the Russian company acts as a contractor, and the Cypriot companies act as subcontractors. The customer transfers funds to the Russian company for the provision of services in full. The Russian company, in turn, distributes the work among subcontractors. The net profit will be in the account of the companies of Cyprus.

Transfer of payment for construction work - Execution of construction work

8. Offshore scheme used in production activities

Under this scheme, payment for raw materials and production services of the manufacturer is carried out by an offshore company. Most often, the lowest prices are set for production services. The goods are shipped to the manufacturer's agent. The agent, in turn, sells the goods to the final buyer for an agency fee. The rest of the money is transferred to an offshore company.

Transfer of funds - Transfer of goods - Supply of raw materials

9. Offshore insurance scheme

Offshore companies are also used in insurance and reinsurance operations. Consider the principle of operation of the circuit. An insurance company is established in the Russian Federation, registering a reinsurance offshore. These two organizations are jointly and severally financially liable for insurance risks. The company of the Russian Federation insures all its property in Russian currency, including property that has a minimal chance of damage and death, in a Russian insurance company at inflated rates. These risks are reinsured in an offshore company. As a result, the Russian company receives a legal channel for transferring money to the offshore territory.

You can also establish a company in Cyprus, which takes a loan from an offshore company to lend to a Russian company. The Russian company repays the loan regularly in equal installments and pays tax-free interest on the loan in accordance with the current double tax treaty. The Cyprus resident company transfers the funds of the offshore company to the reinsurer. As a result, the transferred money is stored on the account of the offshore company in the form of repayment of the loan and interest on it, insurance premiums.

Conclusion of an insurance agreement - Conclusion of a reinsurance agreement - Conclusion of a loan agreement - Transfer of funds for insurance - Transfer of funds for reinsurance - Provision of a loan - Repayment of a loan with interest on it

10. Offshore scheme used when trading on the market valuable papers

This scheme is used when working in the stock markets, forex, stock exchanges, buying blocks of shares to optimize the tax on dividends on shares, income tax after the sale of shares, participation in the capital of an enterprise without appearing in the register of shareholders.

There are 3 versions of this scheme.

1) Classic: Profit from securities - Investing in securities

2) A Russian company acquires shares of an offshore company, on whose account the money is subsequently kept. Transfer of funds - Sale of shares

3) Entering into the scheme a company from a prestigious and low-tax jurisdiction that resells securities of a Russian company will increase the status of the transaction.

Transfer of funds - Transfer of shares

11. Offshore scheme used in the provision of a number of works and services

This scheme is used in the provision of research, design, development work, as well as marketing and advertising services. Net profit is immediately transferred to an offshore company, and the cost of providing the service is added to the cost, therefore, income tax is reduced. However, the use of this scheme requires a good knowledge of the regulatory and legislative acts on income tax in terms of expenses included in the cost. It is also important to use the scheme correctly so that, if necessary, it is possible to prove the fact of the provision of services.

There are 2 varieties:

2) Entering into the scheme a company from a prestigious and low-tax jurisdiction will increase prestige and efficiency.

Provision of services - Transfer of money

12. Offshore scheme used for the registration of new enterprises, as well as the payment of dividends

This scheme is used by foreign investors who want to establish an enterprise on the territory of the Russian Federation with the participation of foreign capital.

The parent company in Cyprus registers its subsidiary in the Russian Federation with most of the foreign capital. Dividends paid by a subsidiary of the parent company are taxed in accordance with the current double taxation agreement in Cyprus only at a rate of 5%. When using an offshore company, you can minimize taxation in Cyprus.

Broadcast authorized capital— Payment of dividends — Use of a double tax treaty

13. Offshore scheme used in the payment of interest on a loan

The principle of operation of this scheme is the payment of interest by the Russian company on a loan issued by a Cyprus company, which is not subject to taxation due to the provisions of the current double taxation agreement. In turn, the Cypriot company pays interest on the loan issued by the offshore company. There is no withholding income tax in Cyprus.

Issuance of a loan - Payment of interest on a loan - Use of a double tax treaty

14. Offshore royalties scheme

An offshore company develops and registers a trademark in the Russian patent office and then sells the rights to use it to a resident company in Cyprus. The Cypriot company, in turn, transfers the rights to use the trademark to the Russian company with a subsequent obligation to pay royalties. The Russian company pays royalties to the Cyprus company. It should be noted that when using the provisions of the double tax treaty, these royalties are not subject to taxation in Russia. A Cypriot company transfers funds to an offshore company minus the agency fee. The payment of royalties from the point of view of the company of the Russian Federation is included in the cost, and due to the increase in the cost, income tax is reduced.

Assignment of rights to use a trademark - Payment of royalties - Use of a double tax treaty

Naturally, popular schemes correct time and instead of some popular jurisdictions, professionals substitute others, not only because of the needs of a particular client, but also depending on changes in tax rates, the political situation in the country, and even sometimes climatic force majeure. Sometimes the choice falls on an atypical jurisdiction for registering companies, since a typical one for a certain period of time receives increased attention from the tax authorities. And sometimes, after consulting, you find that the country that you considered a classic offshore is not in the lists of offshores of the Ministry of Finance and the Central Bank of your country. Take advantage of our experience, which we have acquired for a lot of money over the years. If you have questions about creating a working offshore solution that will lead to problems, please contact us by e-mail [email protected]

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You can often hear that offshore companies are companies through which money is illegally withdrawn. What is illegal here and why is it so popular?

Offshore companies are completely legal companies, otherwise they were not so common in the world, why is there such an attitude towards them? And that's precisely why, having registration in another state, they cease to be taxpayers in the Russian Federation.
In general, offshore practice has been used in the world for a long time and quite successfully. But in Russian legislation there was a void in relation to offshore companies, or rather, there was no such concept at all. On November 24, 2014, a law on offshore companies was adopted, which is aimed at reducing money laundering and increasing budget revenues.
Only this law toughens, but does not prohibit working with offshore companies, so offshore schemes remain relevant as well. Let us consider in more detail what is offshore?

Offshore is it?

Offshores are administrative-territorial zones or entire states that provide foreign businesses with preferential terms in taxation, confidentiality of information about business owners or other trade secret, a simplified system of reference accounting or its complete absence, quick business registration.

Offshore companies are different and provide benefits and privacy in different ways. You can read a more detailed classification of offshore companies in the article:.

Who needs offshore?

Offshore companies are used mainly large enterprises, companies to avoid paying high taxes on the territory of their state.
Also, the use of offshore companies is beneficial for companies involved in the sale imported goods or providing export-import transportation.
In general, any international activity involves working with large cash flows, so the registration of an additional offshore company through which transactions will be carried out, and to which the services will be paid or the main profit will be transferred, will in a good way capital preservation.

Legal offshore schemes!

Depending on the specifics of the company, a special suitable offshore scheme is developed. There are companies on the services market that offer the development of an offshore scheme and documentary support, company registration. Consider some popular schemes that do not contradict Russian law.

How to reduce taxes when exporting goods?

Example. The company exports domestic goods abroad, costing $100 with a markup of $120 per unit. Profit from one product 20$ The tax she has to pay 20% is 4$.
If we apply an offshore scheme and organize an offshore company as an intermediary between a Russian company and a foreign one, then the situation will unfold as follows.
The company sells goods at the lowest price to an offshore company (its own), i.e. for $102 and the profit will be $2. The tax will be $0.4.
At the same time, an offshore company buying from a Russian company will not pay additional VAT, which is very beneficial. The offshore company then resells it to a foreign company for the normal price of $120.

Scheme of avoiding high taxes when importing goods!

Example. A foreign firm sells a product at a price of $100. Russian firm wants to resell this item for $150. Profit is $50, and she will pay 20% - $10 tax on profits.
If you use the offshore scheme, the situation will be as follows.
A foreign company enters into an agreement with an offshore company (registered for you), and also sells it for $100. The offshore company deliberately inflates the price and resells it to a Russian company at the highest possible price of $140.
The resale of goods is planned at the same price of $150, respectively, the profit will be only $10 and the tax will be $2.
Additionally, it is possible to conclude agreements for the provision of services between an offshore and a Russian company, for example, for transportation, safekeeping, which will increase overhead costs and reduce the profit of a Russian company and reduce tax deductions.

Tax reduction through an additional agency agreement!

Conclusion of an additional agency agreement with a company registered in a country with low taxation.
By countries with low taxation, we mean not classic offshore zones, but states that have a loyal tax policy and low income tax for non-residents. Such countries cannot be classified as classic offshores, here it is necessary to keep records, submit them to tax office and pay high taxes all the time. For example, such countries include England, Switzerland.

The scheme is as follows: between such a company, for example, we will register it in Switzerland, and an offshore company concludes an agency agreement.
The Swiss company receives remuneration for the services rendered, for example, 10% of turnover. Profits remain in the offshore company, and a small legal tax is paid on the income of the Swiss company.

Proven leasing scheme for industry!

It is necessary when it is planned to import imported production equipment and other expensive tools, fixed assets.
We register an offshore company and a company in Cyprus (there are agreements between the Russian Federation and Cyprus for the abolition of double taxation).
An offshore company issues a loan to a Cypriot company, which, in turn, buys all the equipment and, under a leasing agreement, transfers it to a Russian company. The Russian company transfers the leasing payments to the Cypriot company, which, in turn, transfers payments for the loan to the offshore company. Thus, the Russian company easily transfers funds to offshore.

How to cut taxes on dividends on securities and foreign exchange trading!

The scheme is used to reduce taxes on the payment of dividends or income tax on the sale of securities.
Here, an offshore company acts as an issuer of securities, whose shares are bought by a Russian company, thereby finances go to the offshore.
As an increase in confidence in transactions for the purchase of shares of an offshore company, you can add an additional link, like a foreign company (registered in a country with low taxation), which initially buys shares of an offshore company, and then resells to a Russian one.
Also, an offshore company can trade through a broker and pay tax only on dividends, and not pay income tax.

How to earn money for the provision of marketing, consulting, scientific, research and other services?

For such services, the company pays dearly to the offshore company. There will be less suspicion if the company is registered not in a classic offshore, but in a country with low taxation. Be sure to confirm that the services were provided in full.

There are other offshore schemes - these are for insurance companies, financial companies, international shipping companies and other enterprises that conduct large-scale activities in one country or want to enter international markets, and also cooperate with foreign companies for the provision of services, import and export of goods.
Each case must be considered individually, taking into account the specifics of the situation.

Free economic zones of Russia: the main platform for attracting investments!

In legal terminology, the definition of offshore began to be used in the 50s of the 20th century in the United States from the moment an article was published about a well-known company at that time that moved its head office to another country and thereby avoided increased attention from the US government.

In the article we will talk about what it is and about the principles of working with it.

Basic terms and definitions

Literally, the term offshore is translated from English as "out of the coast", that is, outside the country, so it has an economic and geographical character.

An offshore zone is a state or part of it - an area, a state on the territory of which special conditions to register and conduct business by non-residents, that is, citizens of other countries.

The emergence of these zones is due to different approaches in the tax policy of states, the lack of unified international laws. Offshore area for reference economic activity A non-resident can essentially be any state whose tax policy compares favorably with that of the home country.

As an economic phenomenon, such schemes appeared in Ancient Rome, when merchants, in an attempt to reduce their tax costs, bypassed or bypassed territories with high duties, trading in neighboring islands.

Today, an offshore company is one that does not conduct its business activities in the country of actual registration, and its owner is a non-resident, that is, a citizen of another state. For example, an American who has registered his company in Cyprus, but who conducts his main activity in the USA, becomes the owner of the offshore.

Offshore business includes companies that are engaged in a variety of activities - trading, financial, construction, manufacturing. It is possible to single out the main characteristics that will classify the enterprise into this category:

non-residency of the owner in relation to the country of registration;
commercial activity is carried out outside the country of registration;
simplified registration procedure;
confidentiality and anonymity in relation to the owner of the company;
the absence or significant simplification of currency and financial control of activities, accounting and auditing;
low taxation or replacing it with a single fixed fee.

Offshore zones

Offshore zones or, as they are more correctly called, jurisdictions, are a state or territory that has tax incentives for non-residents and simplified registration legal entity. They are conditionally divided into three categories:

island territories - as a rule, small islands in the Caribbean, Indian and Pacific oceans;
European states;
administrative-territorial formations in the USA, Malaysia and some other countries. Some experts refer to this Russian territories- Kalmykia and Altai Territory.

The emergence of offshore zones was historically and geographically determined. In the 1970s, the island colonies of Great Britain gained independence and became independent states. But at the same time they faced the problem of insufficient budget financing.

Since all these states are islands and often have a small territory, their economy and industry are underdeveloped, and the extraction of natural resources is very limited. As a colony, they received subsidized aid. Having lost it, governments had to think about alternative sources of filling the state treasury, an acceptable solution was the registration of companies offshore.

Many European countries also have similar problems of budget financing and, in order to attract foreign capital, they simplify the system of taxation and registration of enterprises.

They include Switzerland, Austria, Liechtenstein. Companies registered in these states have a positive reputation and a high level of customer confidence. However, these countries have more stringent tax systems, mandatory accounting and auditing compared to the islands.

The island areas are Seychelles, Bahamas, Virgin Islands, Bermuda, Cayman Islands, Cyprus, Panama, Trinidad and Tobago, Dominican Republic and others. A feature of the island zones is complete absence tax on profits and dividends, cheap and simple registration procedure, complete confidentiality of the owners, but at the same time the dubious reputation of the company.

Registration of a company offshore

As noted above, the opening of companies in free economic zones is very simple, for this it is not even necessary to stay in this country. Now these questions are hushed up by specialized firms that analyze such zones, draw up a comparative characteristic to simplify the choice of a country, and are engaged in legal and financial matters- as a result, the client receives a ready-made enterprise in just a week. In such firms, you can purchase an existing offshore company with a history and "experience" of work.

Thrifty owners can also easily register a company on their own, for this you need:

First, to analyze the countries and determine the most favorable tax conditions for their kind of activity.
Secondly, to organize a secretarial bureau, which will play a representative role, and rent premises for it, thereby obtaining legal address enterprises. If the owner wants to remain completely in the shadows, he can attract local residents as shareholders of the company, who willingly agree for a small fee.
Thirdly, it is necessary to pay the state registration fee, the amount of which in island zones varies from 50 to 800 US dollars, and in European countries it can reach several thousand.

A ready-made company can be purchased for $300, but the maximum price can exceed $10,000. The registration fee must be paid annually, in addition, in some countries a single flat tax system is applied. Therefore, there is no economic benefit for a mid-level entrepreneur to maintain an offshore company.

There are also certain restrictions on activities, among which one can single out a ban on conducting business activities within the country of registration. This provides some financial stability to the state and eliminates the risk of economic takeover by international companies.

Advantages and disadvantages of working offshore

Offshore companies are created to achieve certain goals:

minimization of the amount of taxes and fees;
concealment of a financial transaction;
hiding the owners of the company;
withdrawal of “criminal” capital from the country;
concealment of the owner's real income;
lack of currency and financial control.

The scheme for minimizing the amount of taxes paid is simple - suppose that in country X the amount of income tax is 20%. An enterprise in country X, carrying out trading activity, receives 1 million US dollars of net profit, of which it pays 200 thousand dollars to the state treasury.

The same enterprise can sell goods to an offshore company at a lower price, making a profit of 200 thousand dollars, and the offshore company, having resold the same products, receives the rest of the profit - 800 thousand dollars. Income tax in country X is paid in the amount of 40 thousand dollars, in offshore zones it is zero. As a result, the enterprise saves 160 thousand dollars, which it can receive in the form of a loan from a foreign company.

The same schemes are used to evade the payment of value added tax, income tax with individuals, various duties and excises.

The insurance scheme can be considered on a real example of the well-known transnational corporation Phillips. Registered in Bermuda Insurance Company“Kingstone Captive Insurance”, the main activity of which was the insurance of the operations of “Phillips”.

The manufacturer of well-known equipment transferred to this company most of its profits as an insurance payment, thereby reducing its taxes, and Kingstone Captive Insurance annually credited Phillips for the same amount. Phillips is known to have saved over $18 million under this scheme.

The big advantage of offshore companies is secrecy of transactions and confidentiality of information about owners. In many countries, government officials are prohibited from entrepreneurial activity in order to avoid lobbying dubious and disadvantageous legislative projects for the country.

By registering a company in the Seychelles, a deputy or official receives guarantees of complete anonymity and can safely promote his commercial activity while evading taxes and declaring their income as an individual.

Experts estimate that more than 12 trillion dollars is stored in offshore bank accounts, which is about one third of the total wealth of all millionaires in the world.

No currency control allows profitable transactions on the securities market and currency exchanges, approximately 80% of such transactions are carried out in offshore zones. Lack of accounting and mandatory audits leads to complete misinformation about the nature of the company's activities and prepares fertile ground for criminal operations and transactions. The disadvantages of doing business in offshore zones for companies come down to the restriction of such activities by the state.

Impact on onshore

Offshore activities have a negative impact on onshore states. Onshore is a company that is registered in the territory where the main part of its activities is concentrated. Here, open accounting is maintained according to the full tax scheme. This is the exact opposite of offshore. Such states suffer mainly from the shortfall in taxes and, accordingly, the underformation of the budget.

Many experts tend to argue that the world economic crisis emerged precisely because of the proliferation of offshore companies. Approximately 90% of Russian big business has been transferred to free economic zones.

With the increase in financial instability in the United States and the national budget deficit, the government took anti-crisis measures, which led to an increase in taxes. Large companies, responding to these measures, transferred their business to offshore zones, mainly to the British Virgin Islands, where more than 800 thousand enterprises are registered.

Legality of working offshore

From the point of view of the company's activities within the offshore zone, one can say about the legality of its economic and financial operations. But from the point of view of the state from which he left this business, the exact opposite is observed.

As described above, the state loses huge amounts of unpaid taxes, in addition, there is a significant outflow of capital and real investment to other countries, which does not support and develop the national economy.

Many offshore companies conduct illegal terrorist financing activities, due to the fact that in free jurisdictions there is no financial control of transactions and there is no mechanism for open contractual relations, all activities are in complete secrecy.

From this point of view, offshore companies pose a great threat to the entire society, therefore, special organizations have been created that develop measures to prevent the development of such a business:

One of these world organizations is an FATF. Its recommendations on the prevention of terrorist financing and money laundering have been adopted by most governments.
OECD– organization economic development and cooperation - also maintains lists of countries and territories with a simplified tax system and non-transparent financial and economic laws.

States that support the recommendations of these organizations monitor more closely companies that cooperate in their economic and economic activities with companies from generally recognized offshore zones, limit the amount of their transactions, carry out a complete identification of enterprises and their owners, exercise control over the pricing of products in order to avoid unreasonable underestimation. prices.

The plot of how to choose offshore

On the video - the process of choosing an economic zone for doing business:

Another official found a company through which large cash flows pass, while it is registered in an offshore zone. The ship goes to sea under the Panama flag, but most of the sailors are from Russia, and the ship itself was launched from the shipyard Soviet Union. These are the modern realities of the market, when most of the money passes through offshore companies. This article will consider a typical offshore business scheme.

Optimal taxation options, opening companies and accounts in offshore zones, assistance in choosing ready-made offshore companies.

Legal activity of offshore companies

If you pay attention to the largest investors in the Russian economy, you will not see the United States or China there. The largest investments are made in Russia from small states such as Cyprus, the Netherlands, Luxembourg. This can be explained by low taxes in these countries. Many Russian companies prefer to work through offshore companies, because. it is more convenient for foreign partners. And the main advantage of offshore companies is the absence of income tax for Russian companies. And so, by withdrawing funds abroad to facilitate doing business, companies return money to Russia in the form of direct investments or loans from foreign companies that belong to the same people. This scheme refers to legal activities, but a large proportion of the money that went overseas simply does not return to the country. In order not to arouse the suspicion of supervisory authorities, various schemes are used, which will be discussed below.

Payment for services

By applying this scheme, many entrepreneurs kill two birds with one stone: reduce the tax burden and keep profits in offshore accounts. Of course, it is applied only if the company has generated a significant profit at the end of the year, with which it must pay a 20% tax. And, if the directors have an offshore company whose activities involve consulting services, you can spend profits through it. For example, she could audit or provide legal services. Then you can attribute most of the net profit to pay for this service to an offshore company. As a result, there will be a much smaller amount in the profit line of the accounting report, and, accordingly, the tax. But all real profits will be saved in an offshore account. If the documents for the services provided are in order, the tax inspectors should not have any questions.

offshore fleet

According to papers, the largest merchant fleet belongs not to the USA and not to China, but to small Panama. In Panama and similar offshore zones, you can register your vessel inexpensively, there are no taxes for conducting any activity, and there are also no numerous checks. Such a policy attracts many entrepreneurs, because it allows you to make huge profits with minimal taxation.

international trade

If a company is engaged in international trade and purchasing activities (buying goods in one country and selling in another), by registering a company in an offshore zone, it can save on taxes. So the profit will settle in one place - the tax-free zone.

Conducting transport activities

This scheme is used by companies specializing in international cargo transportation. To begin with, a company is registered in a country with which Russia has an agreement on the avoidance of double taxation, for example, in Cyprus. This company will act as a carrier in Russia, while the income will not be taxed, because. agreement is in effect. In turn, the money received on the account of the Cyprus company can be transferred to the account of a classic offshore company in the Caribbean, for example, according to the payment scheme consulting services. Thanks to this scheme, it is possible to legal grounds avoid taxes by doing business in Russia

Open an account in a foreign bank

Using this scheme, you can transfer money from a Russian account to an account in any foreign bank with impunity. To do this, a Russian organization opens an account in a foreign bank and transfers the necessary amount there. In the reporting documentation, this operation will appear as a transfer between your accounts. Everything that happens to the money in the account is no longer displayed in the documentation. As a result, for tax inspectors, the money will still be in a foreign bank account, although, of course, they are no longer there. To determine whether the money is actually stored in a bank account, the tax service needs to contact the tax service of the country where the bank is located with a request. At the moment, such an operation is unlikely.

Accumulation of assets through offshore

This scheme requires two foreign companies, similar to the scheme with transport activities. The first company is registered in a country with which there is an agreement on the avoidance of double taxation, for example, with the same Cyprus, while the company will own at least 25% of the Russian organization. The second company, which owns a Cypriot company, opens in the Caribbean, for example, in Belize. Under this scheme, dividends from the profits of a Russian organization are paid to the accounts of a Cypriot company, while only 5% tax is paid, and not 9%, as for Russian residents. Dividends received are immediately transferred to accounts in Belize. As a result, considerable funds are accumulated, while this scheme is completely legal.

Risks when withdrawing money offshore under false pretenses

All the schemes discussed above can be classified as illegal, because. they mean only the withdrawal of funds from the country, while avoiding taxation. On the surface, the schemes look legitimate, but upon closer inspection, it can be obvious that these transactions are a form of tax evasion. Therefore, there is a serious control cash flows from Russia to countries with tax benefits from the tax authorities. And, if there are reasonable suspicions, the company may be fined, and executives may also be subject to criminal liability.

One of the key issues that interest entrepreneurs who are thinking about opening an offshore company is the legality of using this scheme in our country. Will the inclusion of such a legal entity in the structure of the enterprise have legal consequences? Is the registration of an enterprise in a "tax haven" prosecuted by law? We will analyze the activities of offshore companies from the point of view of the law and indicate which schemes are the most widely used and safest.

How legal is it to open an offshore company?

Let's reassure right away: offshore registration, as well as its use in business processes, is not considered a crime and is not prosecuted by law. The only “but”: you can withdraw money outside the country only if it is justified by industrial or economic necessity, and not by the desire to hide income from taxation. The crime that law enforcement and tax authorities are fighting is precisely the suppression of the illegal withdrawal of funds. Accordingly, using an offshore company for legal purposes, the entrepreneur has nothing to fear.

The main schemes for using companies from "tax havens"

Mostly offshore companies become a means of optimizing taxation or protecting property rights. In the first case, it is necessary to carefully consider the scheme for including the company in the structure of the enterprise, since there is a risk of violating the laws of the country or attracting excessive attention by the regulatory authorities.

Transfer of funds under service contracts (for example, if an offshore company develops software or is engaged in consulting, you can withdraw funds "to tax havens", paying for the services provided).
Transfer pricing (an offshore company purchases goods at one price and sells them at another, respectively, higher one, due to this, the taxable income of the parent company in our country is reduced). It is worth noting that it is this scheme that today attracts the most attention from supervisory authorities.
Registration of long-term loan agreements (in most cases, agreements are used that provide for the deferral of debt repayment until the end of the agreement - that is, for almost any period, up to tens of years. At the same time, the company will not need to provide practically any documents, with the exception of the loan agreement directly with percentage lower than recommended by the Central Bank at the time of conclusion).
Transfer of ownership of a certain asset (this procedure is carried out outside the country, so it is possible to solve two of the most important strategic tasks for any enterprise at once: firstly, to ensure the confidentiality of the transaction, and secondly, to avoid taxation of this operation).

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