Establishing an offshore company: is it legal?

Legality, tax optimization, the Panama Papers, and blacklists: what you need to know before setting up an offshore company.

The prospect of setting up an offshore company in a tax-friendly jurisdiction may raise many questions, particularly since the Panama Papers case.

One key point should be reiterated: setting up an offshore company can be entirely legal, provided that the applicable rules and reporting obligations in the country of residence are complied with.

Why do offshore companies have such a negative image?

This bad reputation mainly stems from associating offshore companies with tax evasion, money laundering, and concealing the true ownership.

The Panama Papers and other document leaks have reinforced this perception by revealing cases in which certain offshore companies had been used for illegal purposes.

However, this does not mean that all offshore companies are fraudulent. An offshore company may be established for perfectly legal and legitimate reasons.

Tax optimization and fraud: don’t confuse them

Tax optimization

Tax optimization is the use of legal means to structure one’s taxes and benefit from a more favorable tax regime.

Tax fraud

Tax fraud involves using illegal means to conceal income, circumvent the rules, or artificially reduce the tax owed.

The Panama Papers have intensified the confusion

The media coverage of the Panama Papers and blacklists has contributed to associating, sometimes incorrectly, every offshore structure with illegal practices.

Tax haven: the blacklist

When deciding to launch your offshore company in a tax haven, it is important to choose the territory or country of registration carefully.

Several lists identify jurisdictions considered non-cooperative. The French blacklist and the list drawn up by the European Commission in 2015 make it possible, in particular, to identify the territories listed below.

The jurisdictions listed on these lists

French list

Panama
Botswana
Guatemala
Brunei
British Virgin Islands
Marshall Islands
Niue
Nauru
Montserrat

2015 European Commission list

Andorra
Anguilla
Antigua and Barbuda
Bahamas
Barbados
Belize
Bermuda
British Virgin Islands
Brunei
Cayman Islands
Cook Islands
Grenada
Guernsey
Hong Kong
Liberia
Liechtenstein
Maldives
Marshall Islands
Mauritius
Monaco
Montserrat
Nauru
Niue
Panama
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Seychelles
Turks and Caicos
US Virgin Islands
Vanuatu

And what about Dubai in all this?

Dubai, in the United Arab Emirates, is not included in the blacklists detailed above. It is therefore possible to establish an offshore company there legally, provided that the applicable rules and reporting obligations are complied with.

Learn everything about offshore companies too

What is an offshore company?

Understanding the definition and operation of an offshore company.

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What are the advantages of an offshore company?

Explore the main advantages and limitations of the offshore model.

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How to set up your offshore company?

Discover the main registration steps.

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How do I open an offshore account?

Understanding the constraints related to opening a bank account.

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The cost of setting up an offshore company

Find out about the main costs to expect.

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