We’ve all heard the term in the media, or tossed around by savvy financial planners or accountants. But what are corporate tax havens? Are they legal? And can they help you reduce your tax liability?
Read on to learn more…
What is a Corporate Tax Haven?
In lay terms, a “tax haven” refers to any jurisdiction or country that offers minimal or substantially reduced tax liability to foreign businesses and individuals.
These so-called havens typically place an emphasis on privacy, sharing little to no financial information with other foreign tax authorities, and often do not require residency or a physical business presence within their borders for a business or individual to benefit.
Criteria to Qualify as a Tax Haven
Interestingly, there are a number of qualifying factors that a jurisdiction must meet in order to qualify as a tax haven. The OECD (Organization for Economic Cooperation and Development), in 1998, offered a number of criteria that could be used to identify such financial centers worldwide.
Tax Haven Characteristics:
- Zero, or minimal imposed tax on income
- Privacy standards and no exchange of information with other parties
- A lack of transparency (to improve privacy/anonymity)
What do Governments Have to Gain?
Tax havens are certainly attractive to investors, business professionals, and wealthy individuals. But what do governments stand to gain by establishing their jurisdiction as a tax haven?
Turns out tax havens have a lot to gain as well.
Benefits of Tax Havens for Countries and Governments:
- Despite the name, tax havens aren’t typically “free” of cost or fees. Although favorable from a tax liability perspective, they often charge a nominal tax rate while making up for fees in other areas such as high import duties.
- Registration fees and annual renewals. Some tax havens charge fees for registration, annual licensing and other fees.
- The attraction of foreign investors and money brings with it a vital infusion of capital into the local economy. Further, the country may benefit from ongoing business operations within its borders, such as investments in local infrastructure, offices, job opportunities and more.
As you can see, there are a number of built-in incentives for a government to operate a tax haven, including capital injection into the country’s economy where investments may flow into local businesses, financial institutions, and other vehicles.
Key Tax Haven Benefits
International tax havens have long been the preferred domicile for Fortune 100 companies, astute investors and privacy-minded individuals. But why?
1. No (or minimal) Tax Liability
As the name clearly suggests, these domiciles are havens for corporations, individuals and investors seeking to reduce their tax liability. Many developed countries have implemented a “progressive” tax system that places an increasing burden on those with higher income.
International tax havens offer a clear path to minimizing taxes safely and effectively, with many locales having zero corporate taxes, capital gains tax, personal income tax and more.
2. Privacy and Discretion
Corporate tax havens offer more than just tax savings. These locations boast unmatched privacy for individuals and corporations alike. Many tax havens accomplish this by not keeping any publicly accessible bank account or company information, and policies preventing them from sharing any recorded information with outside third parties (such as international tax agencies). For example, in Antigua and Barbuda, it is actually illegal for a bank to disclose account holder information to any third party. Interestingly, not even Antigua and Barbuda’s own government can access this information.
3. Security and Peace of Mind
International tax havens often play by their own rules, outside of the jurisdiction of (sometimes) overbearing nations such as the United States or the governing bodies of the EU. This level of independence can be a major benefit for individuals who have concerns about their privacy and outside governmental agencies such as the IRS, FAFT, OECD, and others overstepping their bounds.
Furthermore, most corporate tax havens do not participate in what are known as TIEAs or “Tax Information Exchange Agreements” with the EU or USA.
This means that even if outside organizations try to investigate or uncover information, there is no legal framework in place to allow them to do so.
4. Convenience
For those seeking alternative locales to do financial business, corporate tax havens are attractive options due to their simplicity and well-defined processes for setting up new accounts. In fact, due to their business-friendly legislation, getting set up with many tax havens can take as little as 2-4 days. Not to mention business registration is typically low, with many jurisdictions charging $500 or less and can be done all without even visiting the country.
But that’s not where the convenience factor ends. In an effort to attract more business, many corporate tax havens work to make the process of running and managing a business within their domicile as easy as possible. This typically manifests as less paperwork and administration.
Highlighted Tax Havens
The number of popular tax havens is extensive. Below we’ll highlight two popular corporate tax haven destinations.
1. Malta
The nation island of Malta is a member state of the EU (European Union), a key reason why Malta passports are highly sought after around the world. Malta is a safe country, rich in culture and strategically located between Africa and Europe. Their program, simply named Malta’s Individual Investor Program (MIIP) is a popular option for many investors worldwide.
Malta’s Individual Investor Program (MIIP) Requirements:
- Contribution of €650,000 to the National Development and Social Fund
- Contribution of €25,000 for minor children and a spouse of the primary applicant
- Contribution of €50,000 for each dependent child age 18-26 or dependent parents age 55 or older
- Due diligence fees
- Residence in Malta for 5 years
- Purchase of property valued at €350,000 or lease a property at €16,000 or more per month
- €150,000 deposit in a government-approved financial instrument
Benefit of the Program:
- Advantageous tax system
- Tax concessions
- Centralized business hub
- Tax treaties with over 50 countries
- English as the primary language of business
- Access to free EU healthcare and education systems
- Malta passport opens up visa travel to over 160 countries
- Stable and safe country
- Lifetime citizenship can be passed to future generations
2. Saint Kitts and Nevis
The duel island nation, also sometimes referred to as the Federation of Saint Christopher and Nevis, represents one of the most popular corporate tax havens. Known for its charming islands and beautiful backdrop, the two offer what is known as the St. Kitts and Nevis Citizenship by Investment Program. This program, established in 1984 is the longest-running economic citizenship program worldwide.
Benefits of the Saint Kitts & Nevis Citizenship Program:
- Passport can be obtained within 6 months
- Enjoy citizenship in a Commonwealth country
- Dual citizenship is allowed
- Enjoy visa-free travel to more than 168 countries
- No physical residence required
- No education, test or interview requirements
- No tax on worldwide income
- Full citizenship for life that can be passed on to future generations
3. Other Popular Corporate Tax Havens Include
- Bermuda
- Netherlands
- Bahamas
- Cayman Islands
- Luxembourg
- Isle of Man
- The Channel Islands
- Singapore
- Mauritius
- Ireland
- Switzerland
Closing Thoughts
Corporate tax havens provide a myriad of benefits for those businesses and professionals seeking to reduce their tax liability, increase privacy, obtain second citizenships/passports and more. These benefits are key drivers for so many corporations, large and small, to seek out these domiciles for their business and investments. With proper due diligence and planning, you too can take advantage of all these havens have to offer.
