mardi 26 juin 2007

Offshore bank

An offshore bank is a bank located outside the country of residence of the depositor, typically in a low tax jurisdiction (or tax haven) that provides financial and legal advantages.

These advantages typically include some or all of
- strong privacy (see also bank secrecy,a principle born with the 1934 SwissBanking)
- less restrictive legal regulation
- low or no taxation (i.e. tax havens)
- easy access to deposits (at least in terms of regulation)
- protection against local political or financial instability

While the term originates from the Channel Islands "offshore" from Britain, and most offshore banks are located in island nations to this day, the term is used figuratively to refer to such banks regardless of location (Switzerland, Luxembourg and Andorra in particular are landlocked).

Offshore banking has often been associated with the underground economy and organized crime, via tax evasion and money laundering; however, legally, offshore banking does not prevent assets from being subject to personal income tax on interest. Except for certain persons who meet fairly complex requirements, the personal income tax of many countries[2] makes no distinction between interest earned in local banks and those earned abroad. Persons subject to US income tax, for example, are required to declare on penalty of perjury, any offshore bank accounts—which may or may not be numbered bank accounts—they may have. Although offshore banks may decide not to report income to other tax authorities, and have no legal obligation to do so as they are protected by bank secrecy, this does not make the non-declaration of the income by the tax-payer or the evasion of the tax on that income legal. Following September 11, 2001, there have been many calls for more regulation on international finance, in particular concerning offshore banks, tax havens and clearing houses such as Clearstream, based in Luxembourg, being accused of being a crossroads for major illegal money flows.Defenders of offshore banking have criticised these attempts at regulation. They claim the process is prompted, not by security and financial concerns, but by the desire of domestic banks and tax agencies to access the money held in offshore accounts. They argue that offshore banking offers a competitive threat to the banking and taxation systems in developed countries, and that OECD countries are trying to stamp out competition.

Offshore banks provide access to politically and economically stable jurisdictions. This may be an advantage for those resident in areas where there is a risk of political turmoil who fear their assets may be frozen, seized or disappear (see the corralito for example, during the 2001 Argentine economic crisis). However, developed countries with regulated banking systems offer the same advantages in terms of stability. Some offshore banks may operate with a lower cost base and can provide higher interest rates than the legal rate in the home country due to lower overheads and a lack of government intervention. Advocates of offshore banking often characterise government regulation as a form of tax on domestic banks, reducing interest rates on deposits. Offshore finance is one of the few industries, along with tourism, that geographically remote island nations can competitively engage in. It can help developing countries source investment and create growth in their economies, and can help redistribute world finance from the developed to the developing world.

Interest is generally paid by offshore banks without tax deducted. This is an advantage to individuals who do not pay tax on worldwide income, or who do not pay tax until the tax return is agreed, or who feel that they can illegally evade tax by hiding the interest income.

Some offshore banks offer banking services that may not be available from domestic banks such as anonymous bank accounts, higher or lower rate loans based on risk and investment opportunities not available elsewhere. Offshore banking is often linked to other structures, such as offshore companies, trusts or foundations, which may have specific tax advantages for some individuals. Many advocates of offshore banking also assert that the creation of tax and banking competition is an advantage of the industry, arguing with Charles Tiebout that tax competition allows people to choose an appropriate balance of services and taxes. Critics of the industry, however, claim this competition as a disadvantage, arguing that it encourages a "race to the bottom" in which governments in developed countries are pressured to deregulate their own banking systems in an attempt to prevent the offshoring of capital.

Note: Offshore banking no longer always means "private".Most (maybe all) traditional jurisdictions are no longer suitable for asset protection, privacy and confidentiality. Well-known, traditional offshore havens, will now willingly divulge information upon request.

Disadvantages of offshore banking
Offshore banking has been associated with the underground economy and organized crime, through money laundering. Following September 11, 2001, offshore banks and tax havens, along with clearing houses, have been accused of helping various organized crime gangs, terrorist groups, and other state or non-state actors. The existence of offshore banking encourages tax evasion, by providing tax evaders with an attractive place to deposit their hidden income. Offshore jurisdictions are often remote, so physical access and access to information can be difficult. Yet in a world with global telecommunications this is rarely a problem for customers. Accounts can be set up online, by phone or by mail.

Developing countries can suffer due to the speed at which money can be transferred in and out of their economy as "hot money". This "Hot money" is aided by offshore accounts, and can increase problems in financial disturbance. Offshore banking is usually more accessible to those on higher incomes, because of the costs of establishing and maintaining offshore accounts. The tax burden in developed countries thus falls disproportionately on middle-income groups. Historically, tax cuts have tended to result in a higher proportion of the tax take being paid by high-income groups, as previously sheltered income is brought back into the mainstream economy. The Laffer curve demonstrates this tendency. From Wikipedia, the free encyclopedia

7 commentaires:

Anonyme a dit…

A Recent History of Post 9/11 Regulations Impacting Offshore Investing & Asset Protection

Learn why the federal government's response to the 9/11 terrorist attacks, in combination with earlier measures to destroy offshore money centers and privacy, have come together with the support of the U.S. financial service industry and tax authorities. Their goal was to deliver a blow to many offshore tax havens, products, and asset protection strategies. Their tactics were successful: many strategies and structures established previously to protect assets do not work any more.

"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be lead to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -- H. L. Mencken

Think back to the mid 1990's when asset protection was all the rage. Tens of thousands of Americans were fleeing the lawsuit mania in the U.S. legal system and putting their wealth into asset protection trusts and other structures offshore. This was undoubtedly a smart move for productive Americans who spent their entire working career building and accumulating wealth. These people did not want to risk having it all stolen in a scandalous lawsuit or trumped up asset forfeiture attack.

Today when you read the newspaper or watch the news, you know in your heart, if not also in your head, that the American legal system does not always protect your wealth. Even if innocent and productive citizens win a lawsuit, they usually still lose the battle due to outrageous legal expenses. All too often, Americans can be in a lose/lose situation in most court proceedings since the legal profession and trial lawyers lobbying groups have legislated themselves a win/win contest. A sad state of affairs, yes, but such is the political power of the legal special interests in the United States.

Many Questionable Tax-Havens Have Gone From Boom To Bust

Just a few short years ago, many offshore tax-haven jurisdictions were getting rich from the billions of dollars that escaped the American legal system and investment markets. Some U.S. investors with offshore structures foolishly failed to report and pay taxes owed to the federal government. As a result, offshore jurisdictions and products grew in unpopularity with American politicians. After all, less government revenue meant less programs and funding for their usual vote-buying political purposes.

As more people attempted to circumvent their tax obligations, this began to cause problems for some in the American legal profession, because these offshore structures often had to be pierced and attacked by legal firms in that particular country, rather than by the American legal professional. Most of the offshore countries had a measure of wealth protection legislation, making it more difficult to attack their structures than if they were in the United States. Moreover, in the offshore location the plaintiff and the American lawyer often had to hire a law firm in the foreign country who then received the fees that would have gone to the American firm, had the assets been located in the United States. These are the two main reasons the powerful legal lobby hated offshore jurisdictions-- a lower success rate for legal actions and legal fees that had to be split with outside, offshore competitors. Finally, the billions of dollars fleeing to offshore havens were usually invested into products and markets outside the United States. This of course translated into lost revenues and business for Wall Street and the rest of the American financial services establishment.

It is therefore no surprise that politicians, the legal profession, and the American financial services industry began to lobby for an attack on these sovereign offshore jurisdictions, as these investment refuges were becoming a real threat to government revenue and the profits of our legal industries. The opponents of offshore investing did have a point after all, for some Americans unwisely moved assets to tax haven jurisdictions with a measure of financial privacy and then did not pay the required taxes on the capital gains and income. Thus the move of billions of dollars offshore was starting to impact tax revenues. In addition, powerful Wall Street and London interests were losing billions of dollars in managed investments, high commissioned packaged products, and stock trading revenues to offshore financial competitors. Hence, the stage was set to defend these special interests and government revenues, legal fees, and the Wall Street financial service revenues.

Anonyme a dit…

Ron Holland is the author the above post from the online book, The Swiss Preserve Solution at http://www.swissconfederationinstitute.org/swisspreserve1.htm This is a politically incorrect guide to defending your wealth & liberty from internal and external 21st Century threats.

Anonyme a dit…

Sir, you say that "offshore banking is usually more accessible to those on higher incomes, because of the costs of establishing and maintaining offshore accounts. The tax burden in developed countries thus falls disproportionately on middle-income groups". First, regulation like the Tax Savings Directive are making that only healthy individuals can escape to pay wtholding taxes on interest earned. But I strongly believe that offshore banking are not anymore for millionaires, specially in banks like Banco International de Investimentos (www.bancoii.com).

Unknown a dit…

Bonjour,

la photo du Frost Bank Tower présentée sur votre site et page accessible sur http://debruyne.blogspot.com/ provient du site Visoterra.com et plus précisément de la page http://www.visoterra.com/voyage-premier-voyage-de-lekatariba/frost-bank-tower-2.html . Or, aucun accord n'a été donné pour cette utilisation qui va à l'encontre des droits de son auteur.

Merci donc de bien vouloir faire un lien vers la source de cette photo http://www.visoterra.com/voyage-premier-voyage-de-lekatariba/frost-bank-tower-2.html à côté de celle-ci le plus rapidement possible et comme reconnaissance du travail de l'auteur.

Merci d'avance
Sébastien de Visoterra.com

Steffen a dit…

Great article, find out more about offshore banks and its advantages here: www.whybankoffshore.com

Trusted Mortgage Broker a dit…

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Unknown a dit…


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