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Panama Analysis as an Offshore Tax Haven – February 2010
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Notice – Hong Kong has now moved to one of our top choices for an Offshore Tax Haven Jurisdiction. This is due to so many other jurisdictions signing the OECD Tax Information Sharing Agreements. Hong Kong has not signed any of these agreements to date (Dec. 2009) and is not expected to sign any at all.
For more details, click here: Hong Kong Bank Accounts and Corporations
Hong Kong Features – Anonymous Bearer Share Corporations are possible. We use a nominee shareholder to appear in public registry not you. You may have the bearer shares in your possession. Nominee directors are used as well and it is the nominee director’s name that appears in the public registry. The Hong Kong corporation’s owners name does not appear in any public director or database.
Hong Kong has strong banking secrecy in place. In Hong Kong you can bank in a number of different currencies including the fast up and coming Chinese Ruan. Banks have full online access. You can get an account with a Hong Kong bank without going to Hong Kong and we are talking about an account with a bank having assets of over $100 billion dollars. The banks all speak English, which is the national language. Inquire.
Hong Kong is under China, which is a world power and one that does not humbly submit to the USA and UK. The Chinese are business oriented and are not going to allow themselves to be pushed around by the USA while the USA runs itself as a tax haven for non-USA persons.. This is worth a lot of peace of mind.
Hong Kong is in Mutual Legal Assistance Treaties with the following countries:
Australia, Belgium, Canada, Denmark, France, Germany, Israel, Japan, South Korea, Malaysia, Netherlands, New Zealand, Philippines, Poland, Portugal, Singapore, Switzerland, Ukraine, United Kingdom and USA.
To see a list of these treaties and read them go here:
List of Mutual Legal Assistance Agreements
Mutual Legal Assistance treaties allow for assistance to be provided in the course of a criminal investigation conducted by any of the above listed national governments. Local governments are not allowed to use the treaties. These MLAT treaties are for criminal tax matters only, not ordinary tax collection cases. The MLAT’s have no bearing on collection of civil judgments at all. It is burdensome, costly and time consuming for a country to use the MLAT process. It involves a lot of red tape and the country being requested to present documents may in fact refuse, or request more information before compliance. It is not an automatic process but rather one subject to review. It is best that the clients be aware that this process does exist. Jurisdictions like Guatemala have no MLAT.
Summary – Hong Kong while not the perfect jurisdiction (there is no such thing) does offer a rare blend of bank secrecy, corporate secrecy, politically stable environment and quality banks. The facts that they are effectively resisting signing the tax treaties, looking to get away from the USD and have fairly strained relations with the USA is a plus. Anonymous corporations are available along with quality banking, no capital gains tax on bank interest or stock market investments and no tax on offshore derived income makes us think that Hong Kong is now one of the better offshore tax haven jurisdictions.
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