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Everything You Ever Wanted To Know About Offshore Banking
(But Did Not Know Who To Ask):
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There are quite a
number of people that are interested in hearing more about offshore
banking, tax free bank accounts, and related matters. The
problem really is a lack of information on the Subject. Here are
some of the facts and also some answers to the mostly commonly asked
questions. . . .
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A good number people are under the impression that such an idea is only
for the very wealthy, CIA super spy types, or even criminals. The
fact is that most people who do establish a bank account offshore are
not any of these things. They are average people just like you,
that either want to take advantage of investment opportunities not
available in their home country, or want to safeguard their savings by
having it safely tucked away someplace else. Regardless of what the
motivations are, it is not illegal for you to have a banking or
investment account abroad. This is a key and very important point,
which we will discuss a bit further later on. Also, while some
governments do not like to see their own citizens with funds, shall we
say, out of reach - the only thing of concern is of course that such
citizens pay any applicable taxes on the earnings (more of this later
on as well).
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First and foremost, what is an offshore bank or offshore account?
Most people affiliate the term offshore banking with a bank located in
some idyllic palm tree lined tropical tax haven. The truth of the
matter is, the term offshore really means anywhere outside of where you
are living or residing right now. If you are an American living
in the United States, and happen to have a bank account in Canada -
then it could be said that the Canadian Bank Account is offshore for
you. Similarly the same case is true with a German citizen,
living in Germany, but banking in the United States as well. This
brings us to a very interesting point. Many countries have
policies, laws or regulations in place that allow for bank account
interest to be tax-free either for its own citizens, foreigners only or
maybe both. In fact, there are many, many countries where this is
true and it makes perfect sense. The United States, as just one
example, allows for foreigners (non US citizens) to enjoy no or zero
local taxation on any capital gains resulting from stock investments
via a US brokerage account. The idea is to encourage foreigners
to invest in the US stock market. However, if you are an American
Citizen, then you might feel this is very unfair since you have to pay
taxes for the same thing - and the foreigner pays nothing. On the
other hand, you can be the foreigner someplace else and get the same
benefits.
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Exploring this idea a bit further, the first group of places you might
consider are some of the so-called traditional English speaking tax
havens in Europe or the Caribbean, such as the Isle of Man, Channel
Islands, Bahamas, Cayman Islands, and so on. However, the fact of
the matter is you should probably NOT focus on some of these
places. Some of these jurisdictions, such as the Bahamas, have
already buckled under pressure from the OECD and are not advantageous
jurisdictions any longer. Banks, Investment Firms or Life
Insurance companies located elsewhere, while perhaps making no changes
to current legislation, such as the Isle of Man using just one example,
may simply refuse to accept you as a client simply because you are a US
or EU country resident (or citizen). Stated another way, a
reporter once asked the famous bank robber, named Willy Sutton, why he
robbed banks. Willy Sutton promptly replied: Because that
is where the money is. Similarly, the OECD has gone after all the
traditional tax haven locations because they think anyone with an
offshore account must have one there, in one of these places. US
tax authorities have of course focused attacks on places such as the
Bahamas, Bermuda and other English speaking jurisdictions located
fairly close to the US mainland, because they assume - that is where
the money is.
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THE WHOLE WORLD IS A TAX HAVEN - FOR YOU
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As we already have mentioned, there are a large number of countries
that allow foreigners to bank or invest in their country - on a
tax-free basis. Every country is really in competition with each
other to find foreign investment capital, and making this attractive
certainly makes sense. The OECD (Organization for Economic
Development) and the WTO (World Trade Organization) claim they are
trying to root out what they claim is unfair tax competition and
harmful trade practices. The bottom line or simple translation
is, they want to kill the competition. It is very ironic though,
that one of the main supporters of these organizations, the United
States, has not taken away their OWN tax incentives for foreigners to
invest in the US, but of course they want every else to do away with
such things. They even went so far to mix it up with the European
Union, in essence asking the Europeans to act as tax collectors and
reporting agents in terms of US citizens banking or investing with
financial institutions in Europe. The Europeans said sure, and
now you can do the same for us in terms of Europeans that have all
those tax-free brokerage accounts inside the US. The US
politicians said: Well, Umm, we do not know, Umm, Ah, Umm, we have to
get back to you. And so it was left. Then they started
chasing a few Arabs hiding out in the mountains of Afghanistan.
Then they brought up the subject again, although now the reason is
catching bad guys with bank accounts and not taxes. So, the
reason for these pressures have changed, but the goal is still the same
- make it as difficult and cumbersome as possible for citizens to have
accounts elsewhere (outside the home country)..
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Anyway, there are many, many countries you would never even think of as
being a great place to bank or invest - yet they are out there just the
same. Plus, these places are not on the radar screen, which is
probably why they have not come under attack. So, the idea is to
forget about the so-called tax haven countries or the nations on the
OECD black list (of very naughty countries that have no taxes, or very
low taxes). For obvious reasons, I will not mention them all, but
for example, have you ever thought about banking in Hong Kong?
How about the Czech Republic or Taiwan? How about Bahrain or
Brazil? Even one of the EU countries can be a great place
providing you are not a resident from one of the EU member
nations. In fact, some of the countries with the highest income
tax rates in the world for their own citizens often enough provide
tax-free banking policies for foreign owned accounts.
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WHY AN OFFSHORE BANK ACCOUNT?
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You do not need to be a millionaire, in order to be treated like
one. Many banks will allow you to establish a savings account in
US Dollars for anywhere from US$300 up to $2,500 or more (it all
depends upon the bank). In addition, you will gain access to three
things I am sure you do not have at the moment: Privacy, the
ability to enjoy bank account interest free from local taxation, and
personal attention plus banking services beyond what you have at the
moment. Today's banking industry is highly regulated yet private,
physically far away yet very accessible via e-mail - fax or telephone,
attentive yet discreet about your affairs. In addition,
access to your money is always possible with a bank or Visa debit card
that is accepted worldwide. However, the ability to have accounts in
different currencies, or the ability to access investments not
available at home is not the only reason some people make seek out an
offshore, or non-local account.
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Asset protection is of course the other motivation. With this
said, there as those that claim the offshore banking industry caters to
criminals, be they political or otherwise. For sure, there
certainly may be these types of people setting up such accounts or
investments. However, it is not the vast majority and of course
no financial institution wants to willingly get mixed up with a client
that can cause problems down the road. So, this argument
attacking issues such as zero taxation or zero reporting (banking
privacy) is sort of like attacking everyone that has a cell phone
simply because some criminals have them also. In other words, the
logic of the argument is, all criminals use cell phones to conduct
business therefore anyone with a cell phone must be a criminal -
no? This logic is of course ridiculous, but just the same it is
the theory put forth to the general public in order to sell the idea of
a crack down.
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In any event, the truth of the matter is, many people might establish
accounts abroad to safeguard against potential local threats in their
own home country - war, civil uprising, government confiscation,
lawsuits and so on. What many governments do not like it when
citizens have the ability to move funds to another country, as it can
make it even that much more difficult to confiscate it or track
it. In terms of tax collection it is much of the same
thing. Which is to say, how many governments are willing to
report accounts or assets owned by foreigners inside their own country
to another government? How many governments are willing to act as
a tax collection agent or reporting agent for another government?
There is no incentive for this. Plus, in some cases, bank account
interest may be tax-free in a particular country, which translates into
the fact that such accounts are not even reported to the local
government where the account is located, never mind anyone or anywhere
else. In other cases, banking privacy might be codified into law,
making the reporting illegal. However, once again using the
United State as one example of a country leading the charge against
banking privacy issues and offshore banking in other nations, it is
very ironic that many foreigners keep assets inside the US for the very
reasons we just mentioned. In addition, in many cases, the US
government has refused to turn over assets or even allow the reporting
of such assets to other governments, so the hypocrisy is quite blatant
(and ironic).
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Establishing an Offshore Bank Account
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Banks if many offshore jurisdictions do offer a number of services that
you are currently accustomed to, plus some additional services as
well. For those investors seeking time deposits in foreign
currencies, foreign exchange, and the personal attention of a bank
officer that may be in a position to help with more than just banking ~
then an offshore banking relationship is ideal. Contrary to
popular belief, such services are not always expensive either.
Competition has meant that more services than ever are available to
banking clients, with fees that are highly competitive.
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Most offshore banks will look for references from your existing bank in
order to establish a relationship. In addition, since your
relationship will most likely be a very personal one, many require that
you visit the bank to sign signature cards and other account
forms. Some banks may permit an account to be established
by mail, but the majority have taken the cautious route after being
forced to due so under pressures from the US regarding money
laundering. The truth of the matter is, this pressure seems to be
more of a tactic to make it more difficult for the average person to
move their funds offshore (with regards to taxes) than to combat
illegal activity. Regardless, this is the current situation for
many banks in both tax haven and non tax haven countries. Since
the majority of individuals are honest and hard working people, it is
hard to imagine that the goal of any client is geared in this
direction. This is why we say, its about taxes, not money
laundering.
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Even though it has become more cumbersome to establish an offshore bank
account, than it was in the past, it is not really as difficult as you
may think. Also, in conjunction with an offshore foundation ~
trust or IBC structure, it is a must if you want true asset protection
and tax advantages. The truth is, like any other banking
relationship, an application form (and copies of your incorporation
documents) is really all it takes.
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How Do I Know that My Money is Safe?
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This is probably the number one question that we hear, and quite
frankly an understandable one. For US citizens especially, this
concept of FDIC insurance is one that makes them fearful of banking in
another country or jurisdiction. In reality, most modern banking
jurisdictions have very strict and stringent regulations in place to
ensure liquidity, and the safety of depositors. These regulations
or systems may be different than what exists where you are doing your
banking now, but that does not mean that the protection is less.
As a case in point with both the Dominican Republic and Panama (two
banking markets we know the best), a central banking system exists to
regulate local banking and to ensure stringent accounting
practices. In both cases, a banking license is not so easy to
obtain. Banks must prove certain reserve or capital requirements
before they can even open their doors to the public. In addition,
special reserve deposits are maintained with the central bank at all
times.
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This is often in contrast to some other jurisdictions, where Brass
Plate banks may be permitted. The meaning of a Brass Plate bank
is, a bank that perhaps is legitimate, but is operating from an obscure
location with just a few employees and a bare minimum of operating
capital. This is the type of bank most people are fearful of, and
is also the type of bank that has caused problems for investors in the
past. It is ironic, but the majority of the problems of this kind
have all seemed to have surfaced in English speaking - Common Law
jurisdictions. It is quite interesting that some countries
whereby people are most afraid to invest (I am thinking about Latin
America) often have stricter banking regulations and requirements than
the English speaking countries in the same region. Go figure.
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How do you know the difference?
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For starters, we suggest you look for a local bank that is operating as
a regular full service bank. In other words, choose a bank that
has local depositors and not just foreign clients. Since in some
jurisdictions, bankers actually go to jail if they mismanage customer
or the bank's funds, you can be well assured that a bank, which is
serving the locals, is one that will be well scrutinized. This is
especially true if local businessmen, and government officials, have
their money on deposit. Local depositors and businessmen are no
less concerned about the safety of their money than you are. So,
just because the front door to a bank located offshore does not say
FDIC on the window, it does not mean it is unsound or
unregulated. Often enough, it is more secure if it is located in
a country that takes regulatory responsibilities seriously.
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I contrast this to the US savings & loan scandal from a few years
back, which had taken place. Many of the bankers ended up playing
golf, with the US tax payer footing the bill for the bail out.
Depositors were paid, some after two years of waiting and plenty of
paper work (and after the government raised additional account
insurance money from the sale of bonds to cover the huge short fall in
the old FSLIC - The Federal Savings & Loan Insurance Corp., the
sister insurance company to the FDIC). A safety net for
depositors is only as good as the material it is made from - or the
people managing it.
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We look for, and suggest, local full service or commercial banks to our
clients that meet certain standards. In truth, size is not as
important as is the quality of management, accounting practices and
services. There are a number of very large banks, or banks with
that seem to be good because they have many branch offices, that we in
fact stay away from for this very reason (lack of quality or competence
in one or more of these areas). Bigger is not always
better.
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Is it Legal for a US citizen to have an Offshore Bank Account?
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We often get this question, and the answer is Yes ~ it is perfectly
legal for a US citizen to own an offshore bank account, offshore
annuity policy or offshore mutual fund. The only
stipulation is the folks at the IRS want to make sure they know about
it, so you can pay taxes on the interest or earnings. For
Canadian citizens, it is interesting to note that while offshore
accounts are still exempt from Canadian tax liabilities, Revenue Canada
now wants you to start reporting what you have offshore (Hmmm, very
interesting).
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Since many banks or investment firms in other countries do not report
customer account information to foreign tax authorities (or their own
government for that matter), it is the responsibility of the account
holder to do so. However, if you are a US citizen, then the
exception to this rule might be the US Bank located in a foreign
country, that you think it is an oh-so-safe bank simply because it is a
bank owned by a US banking entity (a bank in another country with same
name as a US bank, is really a locally licensed bank that is a wholly
owned subsidiary). Many US banks with divisions abroad (we will
use the word division rather than branch, because it really is not a
branch of the US bank at all) have started to voluntarily reporting
accounts owned by US citizens to US tax authorities. This is
quite interesting when you consider that they may not be required to
report to the local government where they are located and probably do
not do so, yet they are reporting account information to what is
technically a foreign government (the US is our example). Not
only that, many people will feel warm and fuzzy thinking they have an
account with XYZ bank, because they think it is the very same bank they
know of back in another country. Not so.
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The bank in a foreign country with the XYZ name is a local bank,
separate and apart legally from the parent company in another
country. This is very important to understand, because the parent
bank in another country is not legally responsible to step in and save
the day. You may think that they are morally responsible to do
so, but what you may think and what a board of directors from the
parent bank in another country might think, might be two very different
things. You want a real life example? Look no farther than
Argentina. The nice people in Argentina thought the foreign owned banks
would be safer for the same moral reasons you might think, but they
were sorely mistaken. Many of the foreign owned banks folded up
and the parent bank in another country simply wrote them off. The
local banks in Argentina however, stayed the course and are still open
today (2005). They had no choice but to weather the storm.
The other foreign owned banks? They yanked their money out and
ran, leaving depositors high and dry (regardless if the account holders
were foreigners or locals).
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I would say I good idea is to use what I like to call the visa
approach, and no I am not referring to a credit card. When anyone
applies for a tourist or travel visa to visit another country, the
consulate usually looks for or ask for certain things such as proof of
home ownership, proof of a job, bank account, etc., etc. What
they are really looking for are ties to the country. In other
words, they want to see of the person has some reason to come back and
not an incentive to stay in the other country illegally. The same
thing can be applied to banking. Which is to say, make sure there
is some reason the bank will not cut and run. Of course, there is
much more to it than that when choosing a bank, but certainly the
argument (and proof) is there when it comes to a local bank versus a
foreign owned one.
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IN CONCLUSION:
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Banking is another country does not necessarily mean risk and it not an
idea for criminals either (see our article about Rhett Butler on the
main directory page). Also, with the communication mediums we
have today (telephone, fax, internet) it is very possible to live in
one country and bank in two, three or more countries abroad for
different reasons. In fact, many money managers often seek out
higher returns for bank deposits globally and move assets around
accordingly to take advantage. While this idea was very difficult
for the average investor many years ago, today it is very possible and
maybe even necessary (if you are living off the income from your
investments or deposits). So, do not be dissuaded from those that
would have you believe that banking or investing in another country is
a foolish idea. In reality, the reverse is true. However,
just like anything else is life - do your homework, investigate, read
and look around. What you find out may very pleasantly surprise
you.
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