Given the decline of the Brazilian Economy (and the resulting political uncertainty), if you are based in Brazil and have a few dollars/assets no doubt you’d be looking at ways to protect those assets. For maximum certainty, ideally, you will be looking for ways to safely move those assets out of Brazil.
The solution is to set up an Offshore Corporate or Fiduciary entity and then transfer ownership of the assets to that entity.
As a minimum what you should do is set up a Company in a Privacy Haven (that is somewhere that doesn’t have a public register of Directors Shareholders or Beneficial Owners) to take ownership of the asset/s in the first instance.
For maximum security, what you could/should then do is set up a Private Foundation to hold the shares of your Offshore Company (and for ultimate protection transfer ownership of the asset/s from the Company to the Foundation).
Ideally, to minimize the chances of the Brazilian Authorities finding out who’s behind the Offshore Company, you will want to incorporate your Company (and your Foundation) in a country which has not signed a Tax Information Exchange Agreement (“TIEA”) with Brazil.
Jurisdiction etc Options
If that plan makes sense to you, you might want to take a close look at the following jurisdictions – as all offer ownership privacy, none of them have signed a TIEA (ie Tax Information Exchange Agreement) with Brazil and all charge no tax on profits realized outside the country of incorporation/registration:
- Seychelles: http://offshoreincorporate.com/seychelles-offshore-companies/
- Belize: http://offshoreincorporate.com/belize-offshore-companies/
- Anguilla: http://offshoreincorporate.com/anguillan-ibcs/
- Nevis: http://offshoreincorporate.com/st-kitts-and-nevis-offshore-companies/
- RAK – For detailed information (including pricing info) check this link: https://www.dropbox.com/s/rey4ml7nkgq19eu/RAK%20Offshore%20Companies.docx?dl=0
- US LLC/IBC Combo – For detailed information (including pricing info) check this link: https://www.dropbox.com/s/zunxtlubpm6bs8k/How%20An%20LLC%20%26%20IBC%20Combo%20Option%20Works.docx?dl=0
By far the most popular place to incorporate an Offshore Company is Hong Kong. Check the following link which explains why: https://www.dropbox.com/s/4g1xroin3c8vkoa/Why%20Incorporate%20in%20Hong%20Kong.docx?dl=0
If you want to have the option of only having to declare in Brazil income actually paid to you by the Offshore Company:
(a) As Brazil has CFC ie Controlled Foreign Corporation Laws, it would be wise to include a Foundation as part of the Corporate structure. Check the following link which explains why, in detail: https://www.dropbox.com/s/fgv089hjpv5d7e6/Why%20set%20up%20a%20Foundation.pdf?dl=0
(b) For maximum privacy and to minimize the chances of your Offshore Company being taxed onshore (as a Company which is seen to be managed and controlled from onshore can be taxed onshore) you would be wise to include a Nominee Director/Shareholder as part of the Corporate Structure. For information on how/why that will work for you (and for guidance on whether to select Nominee Services or not) please read these pages:
New/local laws can have an impact. Hence you should seek local legal financial and tax advice before committing to establish an Offshore Corporate or Fiduciary Structure.
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