Invest Offshore Newsletter

Published: Sun, 12/31/17

Newsletter Issue #122 Invest Offshore
 
 

December 31, 2017
Offshore Investment Guide

Dear ,

Wishing you success and prosperity in 2018!

Expand your global enterprise with maximum asset protection by setting-up a pre-qualified AML & KYC Clean Nominee Bank Account

Letter of Engagement available upon request.

Happy New Year 2019 from Invest Offshore
Why a Clean Nominee Bank Account?

A Clean Nominee Bank Account for cash flow that is a specifically recognized category by tax authorities as not being your income

For the purpose to ensure that taxpayers pay the right amount of tax to the right jurisdiction, the Automatic Exchange of Financial Information general rule is that the cash flow is automatically income to the person in command and control of the cash flow. That means that cash flow is your income unless it is specifically recognized category by tax authorities as not being your income.

The freeway to receive funding gross rather than suffering a current tax is the Clean Nominee Bank Account structure because this cash flow is recognized as not income and is a non-reportable financial account ”deemed tax compliant” exempt beneficiary that is not subject to tax’.

Raising capital for projects and investments can be exempt from insurance and securities regulations. In reliance on its permissions and exemptions, the Clean Nominee Bank Account framework will facilitate issuers’ access to new markets streamlining the issuers’ licensing and compliance requirements.

The Clean Nominee Bank Account is not a tax haven, insurance product, company or a personal trust. International recognition is carved out under the Foreign Account Tax Compliance Act (FATCA), carved out under Common Reporting Standard (CRS), Automatic Exchange of Information (AEoI) and specifically mentioned in Double Tax Agreements (DTA) and Intergovernmental Agreements (IGA), unlike banks, law firms, Trusts, LLC’s and insurance companies which are not even mentioned.

Assets held in this Clean Nominee Bank Account are recognized globally as not included in worldwide taxable assets and not subject to any social legislation.


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Pre-qualified AML & KYC Clean Nominee Bank Account

Has a bank told you they have no problem with FATCA, CRS or Automatic Exchange of Financial Information?

Some misunderstand what they have said. What they have said is ''we'' only accept transfers from Financial Institutions who have performed the AML & KYC.

For lack of a clean AML & KYC no financial institution would send or receive a transfer of funds.

Tax and Money Laundering are two separate issues. Paying tax does not clean dirty money. Money Laundering prosecution is for the receiver, processor, anyone who touched or had influence over the money and the advisor.

The Clean Nominee Bank Account Third Party Administer is a Financial Institution recognized by Financial Institutions globally as a freeway to transfer in money.

It is absolutely impossible to have any U.S. Tax Counsel, International Tax Counsel or any Bank, Financial Institution, Clearing Bank or Custodian accept your verbal words as proof of anything.

Financial Action Task Force (FATF) rules extends to everybody and leads to freezing up non-compliant banking, people and businesses. Banks are scared of a hiding and therefore only accept transfers from compliant financial institutions.

Anti-Money Laundering (AML) & Know Your Customer (KYC) rules include but are not limited to:

    a) An explanation by contract, service agreement or other documentation of how the money was earned. For example services performed, product delivered or other as document description between you and the party paying these funds.

    b) Documentation showing exactly from whom and from where the money is coming.

    c) Documentation on the source of funds

    d) Documentation of the tax jurisdiction of anyone connected to the money as receiver or beneficiary.

Compliance to AML & KYC rules is to make sure that you are not involved in Money Laundering!

Prosecution for Tax Evasion 3-5 years & Money Laundering 20 years. The prosecutions are not segregated which means both are possible. Total of 71 years is also possible.

U.S. Criminal Prosecution: Tax Evasion & Money Laundering

Tax evasion and money laundering may result in criminal prosecution by the US Department of Justice for both tax crimes and “related sister felonies”: wire fraud & mail fraud. When a taxpayer fails to pay taxes due (whether income, estate or gift taxes) and uses the “tax cheating” proceeds (which courts have ruled amount to “profits”) to make investments or purchase assets the taxpayer is liable to be criminally prosecuted for multiple felonies:

  1. Tax Crimes: Tax Evasion (5 year felony), obstruction of tax collection (3 year felony), file false tax returns (3 year felony);
  2. Money Laundering: the use of proceeds from a Specified Unlawful Activity (“SUA”), in this case tax evasion, to purchase assets/investments which “transmutes” the illegal proceeds from tax cheating into new assets (20 year felony);
  3. Sister felonies: Mail fraud (the use of the postal system to effectuate a scheme to defraud, 18 USC 1341, a 20 year felony) and wire fraud (the use of the telecommunications facilities to effectuate a scheme to defraud, 18 USC 1343, a 20 year felony). In the 2005 US Supreme Court Case, Pasquantino the “wire fraud” which triggered a felony conviction was the use of a telephone to make an inter-state telephone call.

For those US taxpayers who cheat on their taxes and then make investments they face 6 different federal felonies, which subjects them to up to 71 years in jail. If the taxpayer conspired with another party to impede the IRS collection of taxes it is known as a “Klein conspiracy” and under 18 USC 371 both parties face 5 years in jail for conspiracy to commit tax evasion.

Money Laundering

Money laundering may be linked to tax evasion. A violation of the money laundering statutes includes a financial transaction involving the proceeds of a specified unlawful activity (“SUA”) with the intent to either:

  1. Promote that activity;
  2. Violate IRC Sec. 7201 (which criminalizes willful attempts to evade tax);
  3. Violate IRC Sec. 7206 (which criminalizes false and fraudulent statements made to the IRS).

Regarding asset seizure, the U.S. government may seize assets pursuant to a violation of the money laundering laws. In addition, the IRS has authority for seizure and forfeiture under Title 26. Under IRC Sec. 7321, any property that is subject to forfeiture under any provision of Title 26 may be seized by the IRS.

IRC Sec. 7301 allows for the IRS to seize property that was removed in fraud of the Internal Revenue laws. IRC Sec. 7302 allows the IRS to seize property that was used in violation of the Internal Revenue laws.


Regulations Call Out Beneficial Ownership of Trusts and Life Insurance

The past global trend has been that life insurance or trusts based plans were set up offshore for the purpose to be an after tax contribution savings plan financed and administered through either an insurance company or trust company arrangement.

In today’s automatic exchange of financial information annually reported they are not acknowledged tax and reporting compliant in Automatic Exchange of Financial Information (AEOI), Foreign Account Tax Compliance Act (FATCA), Common Reporting Standard (CRS), Double Tax Treaties (DTA) or Intergovernmental Agreements (IGA).

Life insurance and private trusts no longer function for asset protection

When used to achieve its original purposes in financial planning, namely to ensure income continuation and the proper use of funds in case of death or disability, both offer respectable solutions and hold a valued place in financial planning. The reality of identity rules and regulations in tax havens is that life insurance and trusts no longer function for asset protection.

That being said, for the purpose of structuring based on tax deferral and long term investment of assets, they have been distorted into contracted structures that have little or nothing to do with their original purpose. Therefore the following nine caveats should be considered when evaluating them:

The 9 Caveats of Insurance and Trusts

retirement plan law is not driving their tax reporting and compliance ; which means
  • they are not recognized in governance globally and are in fact highly restrictive contractual arrangements that may or may not be in the best interest because;
  • they are not recognized in double tax treaties or tax information exchange agreements and;
  • they are not acknowledge tax or reporting compliant in AEOI, FATCA or CRS
  • they require contributions and participation to be reported;
  • they must be included in one’s personal worldwide tax liabilities;
  • they are difficult or even not possible to adapt compliantly; for example aS. connected persons (U.S. Persons, U.S. residents, U.S. Aliens, and Green Card or Professional U.S. work Visa holders worldwide).
  • they may not be recognized as tax compliant in some countries
  • they call out beneficial ownership secrecy and privacy concerns

Retirement Law, not tax law, is a key to ”deemed compliant” secrecy and privacy

International retirement law provides an effective, straightforward means to manage the shortcomings of insurance and trust laws. Designing an effective Clean Nominee Bank Account framework with pension law is crucial to these benefits:

Estate Protection

Ownership of assets within this regulated, recognized retirement plan is crucial:

the rules governing cross border estates, where someone has assets in more than one country at the time of their death, can be quite complicated and can sometimes leave a person uncertain as to whether their wishes will be followed upon their passing. This is due to the often conflicting laws of different countries and the process can be just as confusing and time consuming for heirs who may have to wait years before receiving their inheritance and at the same time the cost of settling cross border estates, with lawyers based in each country that assets reside, can be excessive and there have been examples of estates of several hundred thousand Euro being eroded by costs that eat up over half the estate.

Benefits include:

enhanced secrecy and privacy recognized legal non-disclosure asset protection and tax and succession planning while providing global access to multinationals and high-net worth individuals world-wide in full compliance with the newest development in international disclosure one-stop pre-authorized KYC & AML clean nominee bank account

You want to save for retirement, then you construct a Clean Nominee Bank Account retirement plan framework that is recognized tax compliant and exempt from FATCA and CRS and by so doing you are exempt from capital controls.

Invest Offshore

 

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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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