Offshore Re-invoicing Services
What is re-invoicing?
Re-invoicing is the use of a tax haven corporation to
act as an intermediary between an onshore business and
his customers outside his home country. The profits of
this intermediary corporation and the onshore business
allow the accumulation of some or all profits on transactions
to be accrued to the offshore corporation. It should be
noticed that a similar structure can be utilized by an
importer.
What would be an example of re-invoicing?
An onshore corporation sells $1,000,000 of goods or services
to France normally every year. Assuming cost of goods
and services sold and operating expenses are $600,000.
the onshore corporation earns $400,000 on its sales before
taxes. Taxes will average say $160,000 thus reducing
net profits to $240,000.
The onshore corporation establishes a tax haven corporation
to act as intermediary managed by a company set up and
managed by our Sovereign Management & Legal, Ltd. The
onshore corporation sells its goods and services to
the tax haven corporation on paper for say $600,000.
The tax haven corporation in turn sells the goods and
services to the French client for $1,000.000. The tax
haven corporation, thus earns $400,000. Since there
are no taxes, $400,000 is the net income after taxes.
The exporting corporation shows no profit. ($600,000
gross sales less $600,000 cost of goods sold).
The $400,000 in tax-free income is then deposited in
a bank account or other investment instrument according
to the wishes of the onshore corporation. The account
is under the control of the onshore corporation.
The basic process of re-invoicing saved the onshore
corporation $160,000 in taxes less a small re-invoicing
charge.
Why are the tax haven corporation's profits free of
taxes?
The intermediary corporation is formed in a country
that has no taxes on import-export transaction. For
example, the Belize, Costa Rica, Nevis, and Panama all
have no income taxes on re-invoicing transactions.
How Is the offshore company structured?
To provide anonymity, the nominee officers and directors
are provided by Sovereign Management & Legal, Ltd. who
manage the company. Bearer shares can be issued and
delivered to the owner as proof of ownership or even
better the company can have its shares owned by a Foundation,
in which case registered shares will be issued to the
Foundation, and a beneficiary agreement can be set up
for the owner.
How does Sovereign Management & Legal S.A. know what
to re-invoice?
The beneficial owner of the intermediary company provides
instructions on a regular basis by facsimile, e-mail
or courier.
What About confidentiality?
It is the policy of Sovereign Management & Legal, Ltd.
as well as the laws of Panama that information is not
released without consent. To do otherwise violates secrecy
laws and in Panama it is a jailable offence.
What Happens To the Offshore Tax Free Profits that Are
Earned?
They can be immediately released as instructed by the
owner or alternatively they can be accumulated offshore
say with a major international bank where interest on
deposit accounts is not subject to tax.
If the offshore company is managed from Panama, does
it follow that the merchandise has to be sent there?
No. The merchandise can be sent directly to the exporter's
client. The services are performed in Panama, which
has the second largest by volume free-trade zone in
the world at Colon, so in fact for certain companies
there may indeed be a benefit to setting up a physical
operation in Colon. Import-Export is one of the major
businesses therefore of Panama, known as "the crossroads
of the world", so this the "bread and butter"
local business. However, for most of our clients, the
only functions performed here in Panama are the preparation
and dispatch of the new invoice and the management of
the banking operations.
What happens if the owner should become incapacitated
and the offshore company at that time has in its name
substantial assets such as cash?
Assuming you ensure that your beneficiaries have access
to the bearer shares or other arrangements are made
with the Shareholder Foundation, then if such a case
should occur, they would simply produce the shares to
the management company together with some sort of evidence
of your incapacitation and all control of the assets
will be transferred to them. There would be no transfer
taxes, estate duties, or other forms of taxation levied
on the assets.
What other Functions will Sovereign Management & Legal, Ltd. provide?
Once the offshore company has been established, our
company will arrange for a post office box, telephone,
and facsimile service available for use by the offshore
company. The management company will then begin re-invoicing.
What are the fees for re-invoicing? How do
I determine whether such an operation is to my financial
advantage?
The set up costs are generally less than one would
think which includes letterhead, telephone, telex, facsimile,
mail service, as well as a Panama corporation. There
will be a 2% charge on all re-invoicing operations.
Reasonable out of pocket expenses are additional. Annual
renewal fees are minimal.
Important note: the only circumstances
where can we provide re-invoicing services to U.S. based
companies and businesses is where the type of product
lends itself to a physical operation being established
in the Colon free zone. Hence product would be shipped
into the free-zone, and then re-packaged and re-shipped.
The reason for this is that the U.S. authorities (most
notably the IRS) regard any other form of re-invoicing
operation, unaccompanied by the actual physical exportation
of products from Panama, as totally illegitimate and
tantamount to criminal money laundering with severe
consequences that would include (a) long mandatory jail
term(s) for the offender(s).
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