There are two reasons experienced traders often use offshore companies to protect their forex trading accounts.
Using an offshore formation provides benefits not found in any domestic environment. An offshore entity effectively separates yourself from your assets. This strategy provides traders with the possibility of tax advantages and enhanced privacy by using a corporate account for transactions which ensures your name is not on any transactions which creates distance between you and your trading account.
A forex account that is traded using a foreign company incorporated in an offshore jurisdiction benefits from:
If you structure your offshore company wisely you are likely able to benefit from significant tax advantages by moving your entity to a country that is in a low or no tax environment.
Offshore jurisdictions offer tax advantages to non-resident entities that incorporate offshore. They become free from any local taxation and if all of their revenue comes from worldwide profits, they are able to remain tax-free until the revenue is distributed.
The only form of taxes that you will be required to make will be when the income is brought onshore, which will be dependent upon where you reside and the tax laws that govern that particular country.
Privacy is especially important for someone trading other people’s money by means of a managed account solution or a PAMM.
When money managers are prospecting, and a prospectus is used to demonstrate their past performance, they would not want this to reveal their personal details.
A company in a local jurisdiction may be able to provide a limited amount of privacy protection. However, protection can be significantly improved by employing offshore companies to provide geographical separation.
Offshore corporate structures help to remove assets that would otherwise be directly to tied you as an individual. Having assets tied to your person makes them more susceptible to being targeted by lawsuits or creditors or whenever there is an asset search.
Creating a separate legal entity ensures a level of protection by removing your name associated with the assets and any transactions made with the account.
Similarly, having your account held in a jurisdiction that is outside of where you live makes it even more difficult to get to because there is a second legal system and most offshore countries do not recognize local court rulings.
Offshore companies operate in a financial landscape that has fewer regulations and oversight together with minimal reporting and financial requirements. This gives businesses more flexibility in operating their company while at the same time it reduces corporate expenses.
Opening an account will require due diligence and KYC requirements. Other paper requirements will include:
*depending upon the facility linking with credit or debit card
There will likely be other terms and conditions as well as banking documentation in certain jurisdictions. Each account requirement depends upon the location where the account is opened.
When opening a trading account the preferred method is to form an offshore company, either an IBC or a LLC, in a country where details of the company's owners are not required to be filed publicly.
The company is formed using a nominee director and/or shareholder to provide anonymity for the owners.
Forex brokers use offshore companies to open accounts as recognize the advantages they gain in comparison to domestic accounts.
Non-US brokers are often hesitant of accepting accounts from US clients because of strict regulations of the regulations.
Regulations change from time to time, and all brokers are different, so it is important to understand your country's regulatory situation before opening an account.
When opening a trading account, it is better to do so in a jurisdiction that is well regulated, such as US, UK and Singapore.
We suggest avoiding areas that may still have some untrustworthy or unreliable brokers. Locations that may not be recommended for opening a trading account, may, however, be a good choice for opening an offshore company to hold your account. The differences are in the regulations and the financial environment of that specifc offshore country.
Since there are different CFC rules for each country, and trading profits in some jurisdictions may be taxable as locally earned income, it is important to get advice from a tax adviser who is competent and experienced in international tax laws before opening an offshore company.
An offshore company should not be formed with the intention to avoid all taxes, since this strategy is likely to fail.
Careful planning is essential because a small oversight in the way an offshore company is structured could result in it being ruled invalid.
Under Australian law, for example, profits earned by an offshore Forex trading company in which an Australian resident holds control, ownership, or receives benefit, profits will generally be regarded Australian for tax purposes.
Brokers are not usually involved in giving their clients tax advice. They also do not specifically report the income of their clients to specific tax jurisdictions.
This is why it is important to seek the advice of a tax accountant or lawyer who is knowledgeable about rules for CFCs and offshore company structures.
Brokers typically hold institutional accounts in higher regard than those of individual traders. Accounts held by an offshore company are generally considered to be more substantial and tend to be given greater attention.
Corporate structures are better entities for holding and transactional accounts and decreases the liability of an individual who is engaged in investments, trading, and financial transactions with other entities.
This is primarily because a corporate entity takes on legal rights of an individual and so can enter into debts and liabilities and can form investment funds and conduct businesses with a number of other investors.
If you are a Forex trader with steadily increasing transactions, it may be time to consider the advantages offered by placing your accounts in offshore companies.
If you should later decide to start trading with assets from other people, you will already have the private structures set up to facilitate success.
Contact us to learn more about how an offshore company can protect your share- or Forex-trading account.