THE MODERN MODELS OF USE OF OFFSHORE COMPANIES

At present time the attractiveness of offshore companies and offshore business is declining due to implementation by states of the BEPS plan, establishment of automatic exchange of financial information, as well as regular leaks of information about the beneficiaries of offshore companies. At the same time, the author analyzes the methods of use of offshore companies that continue to be relevant: minimizing the taxation of the real estate transactions by way of indirect sell of real estate property; protection of property against raider attacks; storage of wealth, including by means of transfer of the property to a trust; use offshore companies in maritime business; and the use of nominal services by offshore companies owners who are interested in maintaining the confidentiality of its ownership through entering into agreements with nominee shareholders on the ownership of company’s shares; use of foreign law and foreign jurisdiction including in conducting IPO abroad. The article also discusses the new legislative rules entered in the number of offshore jurisdictions, which establish the requirement of “economic presence” (economic substance) for companies registered in such jurisdictions. These rules will entail additional costs for the company’s owners, and as a result further reduce the attractiveness of offshore companies for Russian businessmen.

offshore jurisdictions, trust, beneficiary owner, tax resident, secrecy, immovable property, controlled foreign companies, agreement on the avoidance of double taxation, conduit company, registers of beneficiaries, nominee service, maritime business, foreign law, foreign jurisdiction, economic substance