Difference between Onshore and Offshore

One of the key considerations when looking to incorporate a company is whether to form the company in an ‘onshore' or ‘offshore' corporate environment. Each country has its own unique financial landscape and with it, its own advantages and disadvantages. Some foreign countries resemble a more traditional corporate environment like Canada and Australia, others have a primarily offshore corporate environment, such as the Bahamas or the BVI's, and other countries like the U.S. and U.K. Scotland and Ireland, are a mixture of both onshore and offshore corporate environments.

In this article, we will highlight some of the differences between onshore vs offshore jurisdictions as well as some of their benefits and shortcomings. 

Table of Contents:

• Difference Between Onshore And Offshore
• What Is Onshore?
• Pros Of Onshore Companies
• Cons Of Onshore Companies
• What Is Offshore?
• Pros Of Offshore Companies
• Cons Of Offshore Companies
• Mid-Shore Companies: The Best Of Both Worlds
• Where Should You Incorporate Your Business?

Difference between the Two

The main difference between onshore and offshore outsourcing is the location of the legal entity and how it is structured. People talk about offshore in relationship to oil, (onshore and offshore oil), outsourcing, (offshore and onshore outsourcing) as well as companies (onshore and offshore companies).

The primary difference between onshore vs offshore businesses is that, while a traditional onshore company is incorporated in the same country where you live, an offshore company is formed in a country outside of where you have residence. For example, if I am a UK citizen and form a company in Gibraltar then that legal structure is considered an offshore company. Now there are a number of ways that this can be used, which will be talked about here.

What is Onshore?

Onshore companies or an onshore outsourcing refers to the dealings and transactions between two entities which are conducted within a country's borders and are subjected to state corporate regulations and taxation.

An onshore company is an entity that is incorporated within the home country in which it intends to conduct business (although it may conduct foreign transactions); the key issue here is that onshore companies conduct business and transactions within the home country. In comparison with offshore companies, (which we will go into more about later) these types of entities do not engage in any local business transactions, instead, they are non-residential companies and are not allowed to transact locally. 

Onshore companies can be thought of as traditional private limited companies for example incorporated in high tax financial centers usually found in western countries such as those in Europe (however these countries can still have elements that resemble offshore centers).

Pros

Onshore companies are used as a vechile for conducting business in the country in which they are located. This is because they do not have restrictions on being able to conduct business locally (in contrast to offshore operations). They also offer reduced language barrier and cultural differences for conducting business in that jurisdiction, as well as providing access to a local skilled labour force. 

Usually, if you would like to conduct business within a country you would incorporate an onshore company within the country that you wish to conduct business. Although this is not always the case, it often makes sense from a legal and tax position.

Cons

Onshore companies are more conventional and do not receive the same type of preferential treatment which is often availed to offshore companies. Having an onshore company means being subjected to all the ordinary state controls and local company regulations. Other disadvantages include:

• Higher tax rates: Due to the fact that onshore businesses do not receive preferential taxation options like offshore companies.

• Less privacy: The details of onshore businesses and the identities of its owners are not kept confidential as is often the case with offshore businesses, and such information is usually publicly available.

• Higher costs: the costs for setting up and maintaining conventional onshore businesses are higher than their offshore counterparts. 

• Longer to incorporate: the incorporation and setup process of onshore businesses is more complex and time-consuming than it is for offshore outsourcing companies.

What is Offshore?

Offshore financial environments refers to a center or company that conducts its business outside of the country it is incorporated in. An offshore company is a company that is incorporated in a foreign country or jurisdiction whereby its transactions are conducted outside the borders of its own country.

These businesses are usually established in specific offshore jurisdictions that offer preferential tax treatment, and other key advantages in comparison to onshore businesses which are incorporated within and conducts its affairs within the state. 

Certain favourable offshore jurisdictions have created ideal environments for offshore businesses which offer numerous advantages such as reduced taxes, lower costs, greater privacy, and more corporate flexibility. The incentive for these jurisdictions is that they are able to attract a significant amount of government fees and foreign capital and therefore benefit from the increased financial inflows. 

Some of the most popular jurisdictions which offer preferential treatment and benefits to offshore companies include:

• Cayman Islands
• The British Virgin Islands
• Panama
• Nevis

Pros

The main advantage of offshore companies is that they receive preferential tax options which result in very low or even zero taxes depending on the jurisdiction of choice. There are numerous other advantages to an offshore company, including:

• Greater flexibility: Offshore jurisdictions offer regulatory frameworks with fewer restrictions, streamlined bureaucracies, and straightforward business formation procedures. It makes doing business simpler, lessens the administrative requirements on businesses, and gives them the freedom to operate effectively and react quickly to market needs.

• Cost savings: Including reduced taxes, lower incorporation costs, and reduced labour costs.

• Access to resources:  Offshore businesses are able to take advantage of the resources which are available in the host jurisdiction, which often includes more affordable skilled offshore team, access to different trade zones, raw materials, etc.

• Easier and faster incorporation: The process for registering an offshore company is typically fast, easy, and affordable.

• Privacy: Offshore businesses receive certain non-disclosure advantages, such as the identities of its beneficial owners remaining private, and minimal financial reporting and auditing requirements. 

Cons

While there are numerous key advantages to offshore businesses, there are a few drawbacks to bear in mind, as well as reasons why they are not suitable in all situations. Some disadvantages include:

• Requires time and research: Deciding which jurisdiction to register an offshore company in is not so straightforward due to the subtle laws, varying overhead costs, requirements, and unique features of each jurisdiction. This means it can be a time-consuming process which requires extensive research. It is worthwhile enlisting the services of a professional to advise on the most suitable jurisdiction and to assist with the incorporation process. 

• Fees: Offshore companies are typically required to pay a fixed annual fee.

• Restrictions: Offshore companies are restricted in the type of business or offshore activities they can engage in and where. To maintain their status as an offshore company, they are normally prohibited from conducting business activities within the jurisdiction that they are incorporated. There may be other specific rules and requirements which apply to offshore companies. 

Mid-Shore Companies: The Best of Both Worlds

There exists a third category, known as “mid-shore companies”. These are formed in jurisdictions which enable one to incorporate a company that has certain features of both offshore and onshore companies.

Mid-shore companies are becoming increasingly popular, as they provide the best of both worlds. The exact structure of mid-shore companies varies depending on the host country, but the basic idea is that they come with some of the key benefits of both offshore and onshore companies. This usually means a preferential tax system and other economic benefits, but fewer restrictions with greater transparency and reputability. 

Examples of popular jurisdictions which offer mid-shore hybrid models include:

• Hong Kong
• Singapore
• Malta
• Ireland
• Cyprus

Mid-shore companies are perfect for those who need a more specialised solution to suit their business process and want access to the benefits of both worlds. 

Where Should You Incorporate Your Business?

The final choice about whether to incorporate an onshore, offshore, or mid-shore company will naturally depend on your business processes, specific needs, and circumstances. As always, there is no “one size fits all” solution — even for major companies.

If your intention is to start a more conventional, locally based company and you wish to conduct business functions within your own jurisdiction, then an onshore company is the obvious choice. However, if you have a more unique or complex set of financial requirements for your corporate structure, and your primary intention is to cut costs, optimise your tax benefits, and ensure greater asset protection and privacy, then an offshore or mid-shore company type would be worth considering.  

The decision doesn't end there. If you do decide that a mid-shore or offshore company would best suit your needs, the next step is to find out exactly which jurisdiction and corporate structure is optimum for your goals.

In doing this, you need to carefully consider the regulatory environment and rules of each particular jurisdiction and the influence they will have. The tax treatment of offshore companies, privacy laws, and reporting requirements are all important factors in choosing the most suitable offshore environment. 

To help make the choice and incorporation process easier, it is always highly advised to seek expert guidance and support.