Maxim Stepanenko
Managing partner of Crystal.tax
A wide range of legal services from Crystal Tax: registration of offshore companies in all world jurisdictions, solving issues related to taxation, opening bank accounts and many others.
An offshore company acts as a lender, our – loan user. A company from a country with which Ukraine has a signed agreement on the avoidance of double taxation must be included as a transit company. This tool avoids double taxation of the company's profits, because in the case of paying dividends to shareholders, the company first pays income tax and then distributes dividends, but they, in turn, are taxed again - as shareholders' profits. When financing through a loan, the tax is paid only by the lender, who receives interest for the use of funds.
For large public companies, it is almost impossible to optimize profit to zero in the country of registration (Ukraine), and then the shareholders and founders decide to receive income by distributing dividends. But this is associated with rather serious tax payments: for shareholders - individuals, income tax - 15%, for legal entities - all 24%. In such a situation, it is possible to optimize the tax burden when paying dividends by indirectly owning corporate rights – through a transit legal entity registered in a country with a double tax treaty. The tax rate will then be generally zero.
All dividends received can be fully exempt from taxes even if the country of registration of the shareholder (for example, the Netherlands) has special holding laws. Law of Ukraine "On Holding Companies of Ukraine" No. 3528-IV dated March 15, 2006 defines "holding" as "an open joint stock company that owns, uses and disposes of holding corporate blocks of shares (parts, shares) of two or more corporate enterprises." For the purpose of tax planning, the parent and subsidiary companies are not only created to perform different functions, but also registered in different tax jurisdictions, which is beneficial for the distribution of profits among them and thus – the opportunity not to pay taxes on the part that is not subject to the legislation of Ukraine.
However, it should be borne in mind that the fiscal authorities, in order to fill the treasury, exercise particularly strict control over all payments by the company in favor of its structural divisions abroad. Also, the contribution of a non-resident to the authorized capital of a company is considered a foreign investment (Law "On the regime of foreign investment" dated March 19, 1996 No. 93/96), and the question arises of the need to register it - unregistered foreign investments do not give the right to receive certain benefits and guarantees and also have no return guarantees.
Therefore, when developing international tax planning schemes, it is necessary to take into account all the nuances, as well as study the national legislation of specific jurisdictions and the practice of its application. Our experts will help you to offer the most advantageous option for you.
Our advantages
We provide a wide range of legal services, including the registration of companies in foreign jurisdictions, legal support for activities, opening bank accounts, consultations and much more. others
Crystal Tax employs a team of highly qualified professionals, experts in all matters related to offshore. We have many years of successful experience.
We offer only the best solutions for your business - the best jurisdiction and type of company for offshore registration.
We register a company in any jurisdiction as quickly as possible. We guarantee confidentiality of data for each client
An individual approach to clients, solving non-standard tasks and the vast experience of our lawyers can lead your business to success.
The cost of services is agreed between us and the client. You pay only for the work done, which allows you to minimize costs. We work without intermediaries and overpayments.