Video Briefing

Offshore Citizen: Can you Live Wherever you want and Legally save on Taxes?

Sep 15, 2020Video Briefing9:42Watch on YouTube

Tax planning can sometimes allow a person to live in a preferred country while legally reducing tax, but the result depends on tax residency, legal residency, income type, business structure, and the rules of the country involved. The main point is that “living somewhere” and “being taxable there” are not always the same thing.

Legal residency and tax residency are different

A person may have legal residency in a country without automatically becoming tax resident there.

This is common with some residency and golden visa programs. A person may obtain the right to live in a country for up to 12 months per year, but if they do not actually spend enough time there or create strong enough ties, they may not trigger local tax residency.

The transcript emphasizes that tax residency is generally different from immigration or legal residency.

If a person is not tax resident in a country, they are usually not subject to that country’s full tax rules. They may still have local-source income or asset-related obligations, but they are not usually taxed there as a full resident.

A person may be able to spend part of the year in a country without becoming tax resident. For example, someone who wants to spend around four months per year in Spain may be able to do so without becoming Spanish tax resident, depending on their ties and the country’s rules.

The rough line mentioned is that spending more than six months per year in a country will generally make a person tax resident there, although some countries can apply tax residency rules at lower thresholds or based on other ties.

The first question is where you want to live

The transcript frames the planning process around the lifestyle decision first.

The key question is: where does the person actually want to live?

If the chosen country has favorable tax rules, then the answer may be simple. The person can live there and pay low tax legally.

If the chosen country has high taxes, such as Spain, the United Kingdom, Canada, Australia, Denmark, or similar jurisdictions, then planning becomes more complex. The person may still be able to optimize taxes, but full elimination may not be realistic.

Some tax authorities are described as especially aggressive or difficult, including Australia’s ATO and Denmark. Other countries may have more loopholes or weaker enforcement, but the transcript distinguishes legal tax planning from people simply avoiding taxes improperly.

Partial-year living can reduce tax exposure

For many digital nomads, online business owners, or internationally mobile people, the practical solution may be to spend only part of the year in a desired high-tax country.

For example, a person may want to enjoy Spain during the best months but avoid becoming fully tax resident there. If they spend only a few months in Spain and keep stronger tax ties elsewhere, they may avoid Spanish tax residency.

This depends on:

  • Number of days spent in the country
  • Whether the person has a home there
  • Family ties
  • Business and economic ties
  • Local tax residency rules
  • Whether another country treats the person as tax resident

The transcript does not suggest that part-year presence always avoids tax. It presents it as a common planning route that must be checked against the local rules.

Special tax regimes can make high-tax countries more attractive

Some countries offer special regimes for new residents, pensioners, remote workers, or foreign income.

Examples mentioned include:

  • Malta, with attractive tax rules for some residents
  • Cyprus, with favorable residency and tax options
  • Portugal, with the NHR program
  • Spain, with the Beckham Law regime for certain qualifying situations
  • Greece, with a 7% tax regime for pensioners
  • Greece, with another regime described as having a €100,000 maximum tax

These programs may allow someone to live in a country that would otherwise be high-tax while receiving special treatment.

The transcript notes that these regimes do not apply to everyone. Eligibility depends on the country, type of income, work situation, immigration status, and other requirements.

Different income types are taxed differently

Tax exposure depends heavily on what type of income a person receives.

Countries may tax different categories of income in different ways, including:

  • Employment income
  • Business income
  • Capital gains
  • Dividends
  • Investment income
  • Foreign-source income
  • Locally sourced income

Some countries do not tax capital gains in certain cases. Some tax dividends at lower rates. Some apply remittance-based systems, where foreign income may not be taxed unless brought into the country. Others apply territorial systems, where foreign-source income may be outside the tax base.

This means a person’s tax result may depend not only on where they live, but on how their income is structured.

Investment income is often taxed more favorably than earned income. Business income can also sometimes be structured more efficiently than personal income.

Business income is often easier to structure than personal income

The transcript emphasizes that international tax planning is usually more effective for business owners than for people relying only on personal income.

For many clients, the main planning issue is not simply personal tax, but how business income is earned, retained, distributed, and taxed.

A company may be structured so that:

  • The individual pays tax personally where required
  • The company pays lower corporate tax
  • The company pays zero tax in some cases
  • Profits are retained or deferred
  • Income is routed through a more efficient business structure
  • Deductions or write-offs are improved

This depends on the nature of the company, where work is performed, where management occurs, where customers are located, where the company is resident, and how the local tax rules treat foreign or international business income.

The transcript suggests that personal tax may still remain, but corporate tax may be reduced significantly.

Territorial and remittance systems may help

Some countries tax only local-source income or only money brought into the country.

A territorial system may tax local-source income but not foreign-source income.

A remittance-based system may tax foreign income only when it is brought into the country.

These systems can create planning opportunities, especially for people whose income is earned abroad, retained abroad, or structured through foreign companies.

However, the transcript does not treat these systems as automatic solutions. The exact result depends on the country’s definitions, the income type, and whether the person’s activity creates local taxable income.

Corporate structures can reduce or defer tax

International corporate structures may help reduce taxes legally if they match the person’s real business activity.

This may involve:

  • Using a foreign company
  • Structuring business income internationally
  • Separating personal and corporate income
  • Using lower-tax jurisdictions where appropriate
  • Creating better write-offs
  • Deferring income
  • Managing where profits are accumulated

The transcript mentions that in the United States, a deferral structure called an “ASC structure” may be useful in some cases.

The speaker also notes that in many cases the right structure depends on how the business actually functions. A structure should be based on real activity and should fit the person’s business model.

Trust structures may help with long-term planning

For more complex situations, trust structures may be useful.

The transcript describes trusts as potentially powerful but complicated. They can create problems if not planned properly and can be expensive to set up and maintain.

Trusts may be especially relevant for people moving between several countries over time.

For example, a person may be leaving Australia, planning to live in Spain for several years, and later planning to move to the United Kingdom. In that case, a pre-immigration trust or similar structure may help plan the transition more efficiently.

This kind of planning should fit into a broader life plan, including where the person is now, where they expect to live next, and where they may move later.

Trusts are presented as high-end planning tools rather than simple solutions for everyone.

Zero tax is not always realistic

The transcript’s main conclusion is that a person can often reduce taxes legally, but in many cases they will not be able to reduce tax to zero.

The result depends on:

  • Desired country of residence
  • Time spent there
  • Tax residency rules
  • Legal residency status
  • Income type
  • Business structure
  • Corporate residency
  • Whether special tax regimes apply
  • Whether the person uses trusts or other advanced planning
  • Whether the person’s business can be structured internationally

For some people, the result may be low or zero tax. For others, the realistic goal is a lower overall tax burden rather than no tax.

Practical planning questions

Before choosing where to live and how to structure income, the transcript suggests considering:

  • Where do you actually want to live?
  • Will you spend enough time there to become tax resident?
  • Do you only need legal residency, or do you want to live there full-time?
  • Does the country have a special tax regime for new residents?
  • Are you receiving employment income, business income, dividends, capital gains, or investment income?
  • Can your business income be structured internationally?
  • Will personal tax still apply?
  • Can corporate tax be reduced or deferred?
  • Is a trust structure worthwhile?
  • Are the costs of planning justified by the tax savings?
  • Does the plan fit your long-term life path?

The practical takeaway is that living in a preferred country and legally reducing tax can be possible, but the planning must start with tax residency, not just immigration status. The strongest opportunities usually come from combining day-count planning, special tax regimes, business structuring, income-type planning, and long-term relocation strategy.