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International Offshore Financial Centres (IOFCs)

Related Content: Incentives; IOFC Non-Tax FeaturesIOFC ProgramsIOFC Structures, Types ofOffshore Banking and other Financial TransactionsOffshore - Definitional Content of TermOffshore VehiclesTax Treaties
 

The term international offshore financial centre or IOFC is an alternative and now generally preferred term for a tax haven.
There are five basic classes of such jurisdictions as follows (the examples given being a non-exhaustive list):

1. Countries that have no income tax or that grant extensive tax exemptions:
Andorra, Anguilla, the Bahamas, Bahrain, Bermuda, Brunei (individuals), Campione, the Cayman Islands, the Cook Islands, French Polynesia, Grenada, Kuwait, Maldives, Monaco (individuals), Nauru, Oman (individuals only), the Turks and Caicos Islands, United Arab Emirates, Vanuatu

2. Countries that impose no income tax on foreign source income:
Botswana, Costa Rica, Djibouti, Dominican Republic, Ecuador, France (special rules for certain corporations), Guatemala, Hong Kong, Ireland (non-resident company), Jordan, Kenya, Lebanon, Lesotho, Liberia, Macau, Namibia, Panama, Swaziland, Uruguay, Venezuela

3. Seemingly high tax countries that can be used as low tax areas in certain respects, but also have certain tax treaty benefits:
Cyprus, the Netherlands, the Netherlands Antilles and Switzerland

4. Low tax financial centres and countries offering special incentives
and privileges:
Angola, Anguilla, Antigua, Barbados, the British Virgin Islands, Brunei, Cyprus, Gibraltar, Grenada, Guernsey, Hong Kong, Ireland, the Isle of Man, Jamaica, Jersey, Liechtenstein, Luxembourg, Macau, Madeira, Malta, the Marshall Islands, Mauritius, Montserrat, the Netherlands, Nevis, Philippines, Puerto Rico, Samoa, San Marino, Seychelles, Solomon Islands, Sri Lanka, St. Helena, St. Vincent, Switzerland
Note: Certain of these countries may also offer tax treaty benefits.

5. High tax countries offering special incentives and privileges.
Such countries are those offering incentives and could cover a high percentage of seemingly high countries. Most such countries would deny the appellation of IOFC.

There has been a vast increase in the number of persons participating in offshore activities. There is a hitherto unimaginable proliferation of offshore companies and trusts, with very many expatriates changing residence for tax reasons.

The increase in the number of countries offering tax haven or finance centre possibilities is due in major part to the seeming high tax jurisdictions now actively seeking a slice of the world’s offshore business. The widened scope of offshore transactions and operations has favored an ongoing merging of onshore and offshore.

 
 
 
 
 
 

Know your Offshore Terms:

 
 
 

Constructive Trust

A constructive trust is a remedy that arises by operation of law where the legal holder of property would, for instance, be unjustly enriched if he kept the property, and where the interest should actually be transferred to or held for the benefit of some other person.
 

Legal Liability of Offshore Trustees and Trust Companies

The trustees should exercise the same standard of care as the prudent person of business in the exercise of one’s own affairs. In the use of investment powers, the standard of care is that of a prudent person of business making investments for those for whom he or she feels morally bound to provide. A higher standard of care is expected from a professional than a lay trustee.
 

Regional Development Grants and Incentives

Regional development grants on buildings and equipment may be granted in the form of cash grants to encourage investment in industry in development areas. Training grants may also be granted on the cost of internal and external training programs for work in new industries. Regional development grants and incentives may play a role in an international tax plan, by narrowing the gap between high tax jurisdictions and tax havens or international offshore financial centers (IOFCs).
 

Emigration

Emigration to a tax haven or to a country offering special retirement incentives may serve to break totally or in part the link between a taxpayer and the high tax jurisdiction from which he or she is emigrating. Normally, it is the change in the place of residence that is material; however, in other cases, a change in domicile or even citizenship (say in the case of the United States) may be necessary for the purposes of an international tax plan.
 

Equity

Trusts are “in personam”. Hence the trust is a creature of equity, that branch of traditional English law which is concerned with remedies in personal disputes. It is a fundamental principle of equity that an equitable remedy cannot be invoked to deny an equitable remedy to another person.
 
 
 
 
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