


Panama Offshore Legal Services
provides asset protection through the formation of a Panama Private
Interest Foundation or Panama Foundations. There are several uses
for a Panama Foundation.
Uses of
a Panama Foundation
Panama Private Interest
Foundations may be established for the benefit of a person or
persons, a family, or a specific social purpose.
In general,
Panama Private Interest Foundations are used by people who wish
to control and maintain ownership of foreign corporations, however,
they do not wish to own their corporations themselves directly,
due to the Controlled Foreign Corporation (CFC) rules in their
home countries. Several highly taxed countries such as the UK,
Canada, USA, Australia, New Zealand, France, Italy, Spain, etc.
have CFC rules which require that their citizens submit declarations
(reports) to the appropriate tax authorities, in which they declare
that they are the shareholders of such foreign corporations.
Instead
of holding the corporations' shares in their personal name or
in bearer form, they establish a Private Interest Foundation in
Panama that holds or owns the shares of their foreign corporation(s),
thus avoiding the CFC reporting rules. Hence, the advantage of
using the Panama Foundation as a shareholder for their corporation
is to remove ownership from one's personal name (or through a
Bearer Share arrangement), and transfer ownership to the name
of a foreign entity which does not have owners, rather has privately
appointed beneficiaries, which are anonymous. In this way, there
is no question as to who owns the company, since the company's
shares are issued to the Panama Foundation name.
Another
advantage of utilizing the Panama Foundation as a shareholder
applies in the following scenario: In many cases, when opening
corporate bank accounts or investment accounts, the financial
institutions require that you reveal the beneficial owners of
the corporation. Through the Foundation ownership strategy, one
can state that the Panama Foundation is the owner of the corporation.
Again, the objective is to remove ownership from their personal
name, to the name of a foreign entity whose ownership is anonymous.
The
Panama Foundation provides additional advantages other than just
ownership. For example, the Panama Foundation can be useful in
transferring funds offshore or receiving funds from offshore.
In some cases, people use Panama Foundations as vehicles for these
purposes. Some people donate their funds to their Panama Foundations
and later use the Panama Foundation to give educational or special
grants to their children, grandchildren, or any one else they
choose. The advantage in this case, is to avoid fiscal regulations
surrounding donations, where some governments impose "gift
taxes" and exhaustive reporting requirements.
In
general, Private Interest Foundations may not engage in habitual
profit-making commercial activities as a corporation can. Nevertheless,
they may carry out commercial activities from time to time, as
long as the profits of those activities are used for the objectives
of the foundation. For example, a Private Interest Foundation
may engage in banking or investment activities, such as investing
in bank time deposits (Certificates of Deposit - CD's), stocks,
bonds, mutual funds, options, money markets, etc. so long as the
proceeds from these investment activities are for the benefit
of the beneficiaries of the Panama Foundation.
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