Offshore companies are what? How to check whether the company is offshore?

In modern market conditions, such concepts as offshore zones and offshore companies became sufficiently stable. In the media, you can see a lot of ads that offer services for registering an enterprise on a tax-free territory or opening an account with a major bank in the world.

Definition

Offshore companies are legal entities registered in a jurisdiction in which there is no currency control and preferential taxation is applied. These organizations do not carry out activities in the territory where they are registered. The owners of such firms are non-residents of the country. Such organizations arise in those countries whose legislation completely or partially exempts enterprises that do not conduct business in the territory of registration from taxation. It should be noted that the benefits are valid only in the part of work outside the country, where the company is on the books. To conduct a full-fledged business in any other state, it is necessary to conclude an appropriate agreement. This avoids double taxation.

Offshore companies: 44 FZ

On August 13, 2015 Law No. 227 came into force. He introduced a number of amendments to the normative act regulating the contractual system in the field of procurement to ensure municipal and state needs. From that moment, the customers in the documentation establish a mandatory requirement to the participants that they do not act as offshore companies. This provision, however, does not apply to quotation requests, electronic auction and pre-selection. In the first and last cases, control over the implementation of amendments to the Law is carried out at the conclusion of the contract. At an electronic auction, the site operator will refuse to register if the application is submitted by offshore companies. 44 FZ in all other cases obliges the commission of the customer to establish the nature of the registration of the participant. At the same time, it has no right to demand from the applicant organization confirmation of the fact that it is not an offshore company.

Specificity

According to the provisions of international law, offshore companies are independent organizations that carry out their activities under the laws of the countries in which they are registered. For today in the world there are about 60 states, the normative acts of which provide for preferential taxation. Enterprises registered in such countries can open accounts in any large banks in unlimited quantities. In fact, the activities of such organizations are not accountable to anyone. Practically in all "tax-exempt" countries annual reporting consists in transferring a fixed fee.

Appointment

There are several reasons why businessmen open offshore companies. It:

1. Safe. Suppose an entrepreneur has some funds in his possession that he wants to put in a safe place. At the same time he would like to have immediate access to them, freely dispose of their money and move them around the world. In addition, the businessman seeks to avoid political instability in his country, to ease his burden of taxation. To solve all these problems, you need to find a bank in a reliable state. But he can not open a private account with a foreign financial institution, since it requires a license from the Russian Federation. In addition, there is a possibility of disclosure of its data. In particular, in the payment documents, the "Recipient" field will indicate its name or the credit card will talk about having an account abroad. However, the law does not prohibit the establishment of an enterprise in its name and register it in a "tax-free country". The businessman will be the director and dispose of the company's account. And that no one will know that he is the owner.
2. Business partner. When conducting foreign economic activity, the company needs to optimize taxes, accelerate cash flows, simplify the document flow , and protect itself from fiscal services. Offshore companies are a model of doing business that allows you to get rid of many problems. Such organizations act as intermediaries between the local enterprise and the buyer (seller) in the conduct of foreign economic activity.
3. Member of the securities market. In this case, the offshore company opens a special account with the domestic bank and works with government bonds.
4. Sale of OS. When importing, for example, a line for bottling beverages, you can not pay VAT and customs fees. When opening an offshore company, fixed assets are introduced as a statutory fund. It is also possible to leasing equipment for a domestic enterprise, transferring it abroad, and including payments into expenses.

Domestic Practice

Offshore companies of Russia have a special value. It consists in the fact that it becomes possible to legally move capital freely. In conditions of a heavy tax burden, capable of destroying whole sectors of the economy, it is the offshore scheme that allows you to achieve high profits in business. The need to create such an organization arises, as a rule, for those entrepreneurs who receive a good income and want it to remain so and do not change in the event of market instability or government intervention. It should be said that the use of offshore is widespread around the world. However, the goals of creating such organizations are different. As for Russia, here, as mentioned above, entrepreneurs are trying to save their capital from taxes, inefficient fiscal policy, unfavorable investment situation in the country and high risks. This is the main motivation for the export of money abroad and concealment of the fact of ownership of the object on the territory of the state.

How to check whether the company is offshore?

This can be done in two ways: on your own or seek help from specialists. How to confirm that the company is not offshore, most? For this you need:

1. To study all published information about the company of interest.
2. Send requests to different government bodies.

However, this process will take quite a long time. In addition, there are absolutely no guarantees that all requests will be answered, and some facts can be found only if there are the necessary links.

Help of firms

As for the specialists, many of those who offer such assistance are engaged in information search for a long time. This means that they have the necessary connections, experience and knowledge. Such companies can provide information about:

1. The size of the authorized capital of the company of interest.
2. Profitability.
3. Reliability.
4. Liquidity.
5. Balance sheet.
6. Presence of ties with other companies.
7. Guide.
8. History of activity and so on.

Conclusion

Reliability of the information, of course, will depend on the actual artist himself. But, as practice shows, in 90% of cases the information that such specialized firms provide is worth believing. It should be said that independent search of information, as a rule, leads to nothing or the interested person receives only superficial, insubstantial information. In order not to waste time, it is better to pay specialists who will answer all the questions.