Invest Offshore Newsletter

Published: Fri, 06/30/17

Newsletter Issue #116 Invest Offshore
 
 

June 30, 2017
Offshore Investment Guide

Hi ,

The only way to process cash flows gross rather than suffering a current tax is to have the funds internationally recognized as an excluded from reporting financial account and an exempt beneficiary that is not subject to reporting to tax authorities because it is deferred compensation.

ORS402(b) compliant registered ORSO scheme is an exempt, non-reporting Financial Institutions for CRS reporting purposes under Part 2 of Schedule 17C to the Inland Revenue Ordinance (IRO).

Offshore Capital Structure - whitepaper
Offshore Tax Loophole?
Of course the OECD won’t fall for the Hong Kong financial authorities (HK MPF) trying to pull the wool over their eyes. The OECD will come back to complain about “registered schemes” being exempt from CRS. So you explaining difference between registered and unregistered ORS is a waste of effort. Sheesh!''

The above comment was an excerpt from a reader

Take the quiz below to know what is exempt from OECD/CRS/FATCA reporting.

A Private Label ORS402(b) compliant registered ORSO scheme is an exempt, non-reporting Financial Institutions for CRS reporting purposes under Part 2 of Schedule 17C to the Inland Revenue Ordinance (IRO).

When the Hong Kong ORSO schemes is not exempt from CRS/FATCA reporting it is not recognized internationally for deferral of income.

Know the difference that makes the difference because:

OECD: Common Reporting Standard (CRS) disclosure facility to close in on retirement schemes in Hong Kong allegedly set up to circumvent CRS reporting.

The OECD in May 2017 launched an online disclosure facility for information on schemes designed to or suspected to circumvent the application of the CRS and thus avoid reporting.

The Inland Revenue Department (IRD) further underlined that anti-abuse provisions under section 61C in the Inland Revenue Ordinance ( IRO) can be applied to counteract arrangement whose main purpose, or one of the main purposes is to avoid due diligence and reporting obligations under Part 8A of the IRO incorporating CRS reporting obligations.

Take the quiz below to learn what you know

To know what you need to know requires the correct answer to the following regulatory reporting questions:

  1. A company that is not yours?
  2. Income that is not yours?
  3. Assets in an occupational retirement plan that are not your assets?
  4. Entity and/or income that is not in your command and control?
  5. What is the reporting responsibility of an ORS402(b) Trustee?
  6. What is the reporting responsibility of the end beneficiary of this ORS402(b) occupational retirement plan?
  7. What is the party/counter party cash flow reporting responsibility of the financial institution?
All answers are NONE

Offshore IRA Gold Storage

On TV in the U.S. they advertise that you can store physical gold at home held in an IRA. IRS rules are strict because:

1. Physical gold cannot be sold. (Sounds like it could be sold but there is no market maker for gold like there isn’t for a stock; which means gold is not a accountable.

2. If the IRS determines you are acting as the custodian of your IRA investments, they will disallow the deferral of tax.

The Self Directed IRA trustee must have legal title to your Gold/Silver so that there is no concern that you will liquidate your gold coins and not report it as an IRA withdrawal.

  • That physical gold held at home cannot be sold without the knowledge of the IRA Trustee who holds title to that physical gold.
  • Homeowner insurance policy does not cover theft of physical gold held at home.
  • Gold is not a currency.

To receive access to your copy of the "Offshore Capital Structure White Paper" click here.


The crucial role of offshore centers in the global economy

Industry representatives in the British Virgin Islands are shouting it from the rooftops: BVI’s financial services sector is a boon to the global economy.

A recently released economic impact report commissioned by BVI Finance shows:

  1. 417,000 companies are registered in BVI
  2. The companies have US$1.5 trillion in global assets
  3. The sector supports 2.2 million jobs worldwide.

Impressive as the results are from our British colonial cousin (applause, applause), we are certain that a similar analysis of the Cayman Islands’ global impact would yield similar – perhaps larger – figures.

As a matter of fact, we happen to have at hand one such study, which was conducted by University of Amsterdam researcher Jan Fichtner, who wrote about his findings in the latest issue of our sister publication Cayman Financial Review (CFR), and which we also referred to in a story in the most recent issue of another Pinnacle Media publication, Grand Cayman Magazine.

If, as we would hope, local industry group Cayman Finance (our country’s counterpart to BVI Finance) is considering trumpeting the success of our all-important financial services sector, here are a few bullet points from Mr. Fichtner’s research that are well worth highlighting:

Cayman is home to US$4 trillion in investments from abroad

More than US$2.6 billion of that is in foreign portfolio investments, notably hedge funds

Cayman is not only a vital conduit to invest in U.S. financial markets, but also acts as a mechanism for “round-tripping” for U.S. investors who use Cayman-based funds to buy U.S. securities. As Mr. Fichtner wrote in CFR, “In fact, when excluding U.S. long-term debt, of which the central banks from both Japan and China hold more than $1,000 billion each, Cayman is the largest holder of U.S. securities in the world.”
“Cayman is not a random exotic small island financial center but a key component of contemporary global finance,” he said.
“Hedge fund managers are extremely concentrated in New York and London, while most funds are legally domiciled in the Cayman Islands,” Mr. Fichtner wrote. “Actually, in this respect Cayman could be seen as a branch of or a special bookkeeping device for Wall Street and the City of London.”

During the span of two generations, Cayman’s financial services sector has transformed our islands from a forgotten (or never discovered) Caribbean backwater to a cosmopolitan destination, and propelled our standard of living from “subsistence-based” to “first-world.”

As our readers well know, the “Cayman miracle” has yielded innumerable benefits at home, including well-paying jobs, a robust economy, limitless opportunities for our young people and an enviable quality of life. Our country’s financial services sector has also been advantageous to people who have never taken a single step on our beautiful beaches, who might not be able to locate Cayman on a map, or who may even be vociferous critics of so-called “offshore tax havens.”

Frankly speaking, if professional detractors such as the Tax Justice Network or the Organisation for Economic Co-operation and Development got their way and pulled the plug on offshore financial centers such as ours, the gears of the global economy would grind to a halt.

That’s a message Cayman should be proactively projecting to the rest of the world.

The report from BVI Finance is important because it offers a counter-narrative to the tired old stories speculating about tax evasion, money laundering, terror financing, “unfair business practices” or “income inequality.”

Instead of shrinking from the negative rhetoric peddled by ignorant or agenda-driven foreign officials, advocacy groups and many media outlets, Cayman should take pride – publicly – in the vital role our country plays in international finance.

We are good at what we do. And what we do is good.

Jurisdictions such as Cayman (and BVI, and Bermuda) are the hubs around which the global economy rotates. That’s a story that needs telling.

Source: The Cayman Compass

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Disclaimer: This document was produced by and the opinions expressed are those of Invest Offshore as of the date of writing and are subject to change. It has been prepared solely for information purposes and for the use of the recipient. It does not constitute an offer or an invitation by or on behalf of Invest Offshore to any person to buy or sell any security. Any reference to past performance is not necessarily a guide to the future. The information and analysis contained in this publication have been compiled or arrived at from sources believed to be reliable but Invest Offshore does not make any representation as to their accuracy or completeness and does not accept liability for any loss arising from the use hereof.

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