Video Briefing

Offshore Citizen: Can you live in your own country and benefit from an Offshore Structure?

Oct 7, 2020Video Briefing8:09Watch on YouTube

International structures can sometimes be useful even if the owner continues living in their home country. The key question is not simply whether an offshore company can be formed, but whether the structure produces enough legal, tax, banking, asset-protection, or operational benefit to justify its cost and complexity.

Many people assume that offshore or international structures only work if the owner moves abroad. The transcript argues that this is not always correct. A person may remain resident in their home country and still use an international structure, depending on the purpose of the structure, the nature of the business, local tax rules, corporate residency rules, controlled foreign company rules, and how income is sourced.

The result will usually be different from moving to a low-tax country. For example, a person who moves to the Bahamas may face zero personal tax there. A person who remains in a high-tax home country will usually still have local personal tax obligations. However, an international structure may still reduce corporate tax, improve deferral, access better banking, or solve operational problems.

Why people use international structures

The transcript identifies several reasons for setting up an offshore or international structure:

  • Tax optimization
  • Asset protection
  • Access to infrastructure not available locally
  • Better banking
  • Access to additional currencies
  • Payment processing
  • Structuring international business income

The correct structure depends on the goal. A tax-driven structure is different from a structure designed to access payment processing or banking.

One example given is a person in the United States with a CBD business who may struggle to access payment processing locally. They might set up a structure in Ireland or the United Kingdom to access EEA payment processing. In that case, the purpose is not necessarily tax reduction, but access to financial infrastructure.

Remaining in the home country

A person can theoretically benefit from an international structure while remaining resident in their home country, but the benefit depends on local laws.

The main issue discussed is tax. If the person remains in a high-tax country, they will usually still pay personal tax there. The potential benefit may come from reducing, deferring, or optimizing corporate tax rather than eliminating personal tax.

The transcript gives Canada as an example. If a Canadian resident has a business that can be internationalized, part or all of the company’s income may potentially be earned through a foreign company and taxed at a lower or zero rate, depending on the structure. The funds may then be repatriated to a Canadian holding company tax-free if structured correctly.

In that kind of case, personal tax is not eliminated. The owner may still pay personal tax when taking money personally. But corporate tax may be reduced, deferred, or optimized enough to make the structure worthwhile.

Tax savings and scale

The transcript emphasizes that international structuring is not usually worth it for people with low income or low tax exposure.

The reason is cost and complexity. A structure may involve:

  • Setup costs
  • Annual maintenance costs
  • Additional accounting
  • Reporting obligations
  • Legal complexity
  • Administrative effort
  • Ongoing compliance

If a structure costs $30,000 to set up and $20,000 per year to maintain, the tax savings need to be significantly higher than that. The transcript suggests that in such a case, saving around $60,000 per year in tax may make the structure worthwhile.

The speaker gives a rough threshold: once someone is paying $50,000 to $100,000 per year in tax, it may start to make sense to analyze international structuring. If someone is paying $500,000, $1 million, or $2 million in tax, there is more likely to be an optimization opportunity.

For people not making much money, the advice in the transcript is to focus on making more money before worrying about international structuring.

Business type matters

International structures are more likely to work where the business can genuinely be international.

The transcript says this may apply to businesses such as:

  • Digital businesses
  • Location-independent businesses
  • Online sales businesses
  • Businesses using overseas contractors
  • Businesses with international customers or operations

These businesses may have a stronger basis for foreign-company structuring because income, operations, clients, or contractors may already be international.

By contrast, a bricks-and-mortar business operating locally is less likely to benefit. If the business activity, staff, customers, assets, and management are all in the owner’s home country, local tax rules may still apply heavily, and the offshore structure may not produce enough benefit.

Deferral and lower corporate tax

An international structure may create benefit in several ways:

  • The foreign company may pay a lower tax rate.
  • The structure may allow better expense write-offs.
  • Profits may be deferred.
  • Repatriation may be tax-efficient in some countries.
  • The corporate tax rate may be reduced even if personal tax remains.

Deferral can be valuable if the money remains invested inside the structure long enough and grows over time. In some cases, the value of deferral alone may justify the structure, provided the amounts are large enough and the business can sustain growth.

Country rules matter

The result depends heavily on the country where the owner remains resident.

Some countries allow profits to be repatriated tax-free from certain foreign structures. Others do not. Some allow benefits only when the foreign company is in specific jurisdictions. Some have rules that reduce the tax rate only partially rather than eliminating it.

The transcript gives an example where a structure may reduce a tax rate from 22% to 10%. In that case, the relevant question is whether the difference is large enough to justify setup and maintenance costs.

If the owner has activity, presence, and involvement in the business from the home country, some tax will likely remain payable there. The planning question is how much remains, how much is saved, and whether the net benefit is sufficient.

Practical decision criteria

The transcript frames the decision around whether the structure is worthwhile, not whether it is theoretically possible.

The key questions are:

  • What is the goal: tax, asset protection, banking, payment processing, currency access, or something else?
  • Can the business genuinely be internationalized?
  • Does the owner’s home country have rules that block or reduce the benefit?
  • Will personal tax still apply?
  • Can corporate tax be reduced or deferred?
  • Can funds be repatriated efficiently?
  • What are the setup and annual maintenance costs?
  • What additional accounting and reporting will be required?
  • Are the projected savings large enough to justify the complexity?

The conclusion is that remaining in the home country does not automatically prevent someone from benefiting from an international structure. But the structure must fit the business, the owner’s residence country, the income source, and the applicable tax rules. For smaller businesses, the cost and complexity may outweigh the benefit. For larger businesses with significant tax exposure and international operations, there may be meaningful opportunities to optimize legally.