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- An introductory seminar on
- a tax free investment technique utilized by the wealthy to
- legally avoid all income and capitol gains taxes on profits derived from
investment securities and stock market transactions.
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- The United States is one of the best tax havens in the world - for
foreign investors.
- Under the provisions of the U.S. law, informed foreign investors can trade
stocks, Treasury bonds, mutual funds, commodities, etc., in any
quantity, free from all U.S. capitol gains and income taxes.
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- It is a simple fact that excessive and penal taxation by a nation of its
own people encourages its citizenry to trade in their neighbor's house
in order to obtain a more favorable tax rate, or to legally avoid
taxation in its entirety where allowed.
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- So, What is an I.B.C. ?
- An I.B.C. is an:
International Business Corporation.
- An I.B.C. is formed and incorporated outside of the United States.
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- Under the U.S. Tax Code, only when a foreign company or trust takes up
permanent residence within the United States will they be subject to
U.S. capitol gains and income taxes in the same way as domestic
taxpayers.
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- In the United States, capitol gains realized by foreign corporations and
other nonresidents "not engaged in a trade or business within the
United States" are exempted from tax under 26 U.S.C. §§ 871, 881
and 897(c)(3).
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- U.S. Treasury Regulations at
§ 864-2(C)(1)&(2) provides an exception for what embodies
being "engaged in a trade or business within the United
States".
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- Under U.S. regulations, a nonresident's stock market transactions,
carried out through a U.S. stockbroker or agent, are not considered to cause the
nonresident to be "engaged in a trade or business within the United
States".
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- SO WHAT DOES THIS MEAN TO YOU ?
- CAN A CITIZEN ALSO ENJOY THESE TAX FREE INVESTING PRIVILEGES AFFORDED TO
FOREIGN INVESTORS ?
- WELL, NO, AND YES !
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- NO - Not if you invest in America under your own name as an individual
citizen, BUT…
- YES, - If you invest through an I.B.C. that you have formed in an
off-shore environment !
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- W HY DOESN’T OUR GOVERNMENT TELL US THAT ?
- The U.S. and other industrial nations simply cannot advertise the fact
that they are a splendid tax haven for foreigners, because it would
cause dissent among the local citizenry.
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- SO, WHAT DO YOU NEED TO KNOW ABOUT I.B.C.’s TO SET ONE UP CORRECTLY FOR
THESE TAX FREE INVESTMENT PURPOSES ?
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- A U.S. person is deemed to be a "U.S. Shareholder" of an IBC
if he owns or controls 10% or more of the voting stock of the IBC.
- A "Controlled Foreign Corporation" (CFC) is one where more
than 50% of its value or voting stock is owned by "U.S.
Shareholder(s)".
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- There are, of course, negative
tax consequences attached to being identified as a “U.S. Shareholder”,
or
as the controller of a “C.F.C.”
!
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- So, we simply:
- Issue two classes of stock for the IBC - voting shares and value shares;
and
- Couple the creation of the IBC with the creation of an offshore Trust, where we hold the voting shares
of the IBC in the offshore Trust, and retain the value shares within our
family estates.
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- Treasury Regulations under §§ 958-1 speak repeatedly and often of the
usage of one and two classes of stock having voting or non-voting
powers.
- By coupling the IBC with the offshore Trust, and holding the voting
shares of the IBC in the Trust, we legally avoid the status of “CFC” and
“U.S. Shareholder”.
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- Since a trust is a separate legal
entity, it can be used in estate planning to hold assets in suspense, in
capitol gains tax planning to avoid time apportionment, and in income
tax planning to reduce the effective rate of tax, and by changing the
residence to defer income tax and capitol gains tax, often for long
periods of time.
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- When the trust's grantor trust status makes the beneficiary's income tax
free, retaining that status for as long as possible becomes important.
- To solve the problem of the grantor predeceasing the beneficiaries, thus
inconsiderately ending the trust's favorable tax status, use of a
corporate grantor is recommended.
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- It is clear that a corporation may be the grantor and the owner of a
trust. Thus, a foreign grantor
could create a corporation which in turn would create a grantor
trust. The death of the creating
shareholder would terminate neither the corporation's separate existence
nor the trust's grantor status.
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- NOW WE CAN INVEST TAX FREE TOO !
- BUT WHERE SHOULD WE SET UP OUR IBC / TRUST COMBINATION ?
- WE RECOMMEND THE BAHAMAS OR ANGUILLA !
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- WHY THE BAHAMAS OR ANGUILLA ?
- Close to the U.S. - $125 air fare
- just 50 miles from the coast of Florida,
- Zero-tax havens,
- Large tax haven - over 5,300 sq. miles,
- Under the Bahamas IBC Act of 1990,
- Large volume of tax haven business.
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- WHY THE BAHAMAS OR ANGUILLA ?
- No personal income tax,
- no corporate income tax,
- no capitol gains tax,
- no withholding tax,
- no business tax,
- no estate tax.
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- WHY THE BAHAMAS OR ANGUILLA ?
- No gift tax,
- no inheritance tax,
- no death tax,
- no employment taxes,
- no sales taxes,
- no probate fees.
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- WHY THE BAHAMAS OR ANGUILLA ?
- They each have a well tested Bank Secrecy Code protecting the foreign
investor against unauthorized disclosure of financial information to
outsiders, including the U.S. government and its agencies and agents.
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- WHY THE BAHAMAS ?
- The Bahamas has a Domicile of Trust Act (1991), designed to safeguard
Trusts from attack from other jurisdictions, and that extends the life
of a Trust domiciled in the Bahamas to 80-100 years after the death of
the named beneficiary, if desired.
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- WHY THE BAHAMAS OR ANGUILLA ?
- Corporations, individuals, partnerships, trusts and estates, including
nonresident controlled Bahamian corporations (IBC’s) all enjoy this
complete immunity from taxation.
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- An IBC is not taxed at home.
- An IBC can open bank accounts,
- retain local professional services,
- hold its own directors and shareholders meetings in the Bahamas (if
desired).
- An IBC may also hold the shares or debt obligations of other companies
incorporated in the Bahamas.
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- An IBC's shares may be held by residents of the Bahamas, BUT
- A Bahamian IBC cannot conduct business with persons resident in the
Bahamas, and
- cannot invest in real property situated in the Bahamas.
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- You will be able to open bank and security accounts for your IBC, in
both the Bahamas and the United States, and other countries if you wish,
where only you will have signature authority over the accounts.
- You can obtain a VISA and/or debit card from the Bahamas largest bank.
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- An IBC is formed by simply filing a Memorandum and Articles of
Association with the Registrar's Office.
- An IBC may be incorporated in 24 hours in the Bahamas with two
subscribers.
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- The IBC may issue shares with or without par value.
- In the form of bearer shares, or
- shares registered in someone's name.
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- There is no fixed amount of authorized share capitol requirements.
- There is no minimum authorized share capitol requirement amount.
- And there is no limit on amount of authorized share capitol issued.
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- Capitalization of the IBC is effected by exchanging cash or money for shares in the company.
- Current U.S. policy does nothing to inhibit you from displacing any
amount as paid-in capitol, at any time.
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- Properly arranged foreign trusts do not have to be registered with
either the U.S. government or the tax haven government, thus names of
beneficiaries, trustees and grantor(s) are not a matter of public
record, and are not subject to disclosure on IRS forms 3520 or 3520-A.
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- You do not need government approval to form an IBC, regardless of the
place of incorporation, or the purpose of the company.
- An I.B.C. or foreign Trust that does not engage in “a trade or business
within the United States” does not have to file a U.S. Income Tax Return
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- In the United States, an IRS Form W-8 is presented to banks and brokers in
order to establish the exemption from tax (and tax withholding) provided
by U.S. law for nonresident entities "not engaged in a trade or
business within the United States".
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- Transfers of property to a foreign trust by a foreign corporation
triggers no U.S. income or gift tax liability, because tax havens
typically have no gift or income taxes.
Such transfers can be made routinely, without incurring any
income or gift tax liability what-so-ever.
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- U.S. Code recognizes and states that those transfers are outside the
scope of the U.S. tax laws and
its authorities,
- The business of the IBC (conducted outside of the United States) is
recognized by the IRS and U.S. Code as not being taxable to the United
States government.
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- IRS Revenue Ruling 69-70, issued in 1969, states: "An individual
beneficiary who is a resident of the United States is not taxable on a
distribution from a foreign trust considered to be owned by a
nonresident alien grantor”
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- My associates in this program include:
- an IBC and Trust expert in the Bahamas,
- a mid-size Law firm with an office in downtown Nassau, and
- a U.S. tax consultant.
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- The lawyers have over 40 years of business experience here in the
Bahamas, and
- the Bahamian IBC and Trust expert has been working with the Bahamian IBC
laws since their creation in 1990.
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- INITIAL SET-UP:
- I.B.C. Set-up fees $1,200
- Agent, P.O. Box, and tel. $600
- Trust instruments $600
- Consult & Assist
$600
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------- TOTAL: $3,000
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- ANNUAL MAINTENANCE:
(due each year, after 1st year)
- Agent/Office/Box & tel. $600
- Trustee fee $200
- Authorized Capitol Fee $250
(under 50k authorized)
---------------------------- ------ ANNUAL TOTAL: $1,050
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- The Supreme Court says:
- "The legal right of an individual to decrease or ALTOGETHER AVOID
his/her taxes by means which the law permits cannot be doubted" Gregory
v. Helvering, 293 U.S. 465
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- The London Times reports that about half of the world's money now moves
around in an offshore environment !
- Now, isn’t it time that you took advantage of these laws too ?
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46
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- GET YOUR OWN TAX-FREE INVESTMENT PROGRAM STARTED !
GET YOUR OWN I.B.C. & OFFSHORE TRUST PACKAGES AS A
- SPECIAL COMBINATION PACKAGE !
- send a check (with order form) to:
- R-SAFE OFFSHORE
- P.O. Box 7720, Arlington, VA 22207
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- SPECIAL PACKAGE PRICE :
$3,000
- back to offshore home page
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