(Reprint of this article does not constitute endorsement or sponsorship by the
FINANCIAL TIMES or any
party. )
Thinking
of placing money offshore
to reduce your tax
liability? Think carefully.
Not only is it a misconception
that Americans can
avoid taxes by placing
money offshore but
also certain offshore
stock accounts can
have dire consequences
for the unwary investor.
"Offshore
accounts are taxable
for U.S. citizens.
Period," says asset protection specialist Robert Lambert, president of Asset Protection
Corporation. "U.S. citizens are taxed on worldwide income.
That
means if even your
offshore trust or international
business company is
domiciled in a tax
haven, it is still
subject to U.S. tax
laws.
Offshore
tax havens such as
the Bahamas, Belize
and the Cayman Islands
have gained legendary
status as places for
wealthy individuals
from CEOs to drug barons
to shield their money
from U.S. tax laws.
The countries' banks
are eager to attract
new funds, offering
maximum privacy in
return.
However,
the reality of tax
havens may not live
up to the legend.
"The
myth of the tax break
is perpetuated by the
companies that are
offshore and by unscrupulous
promoters here," says Jay Adkisson, a U.S. attorney and editor of a web site on offshore planning.
The
U.S. government doesn't
restrict moving money
offshore, but it does
want to know how much
money is moved and
when (to keep track
of money laundering)
and it wants to know
that it is receiving
the appropriate taxes
on any dividends, interests,
or gains made on moneys
invested offshore,
says Adkisson. "In other words, the U.S. generally doesn't care if you move assets offshore --
so long as you comply
with all reporting
and tax requirements."
But
understanding U.S.
tax law as it relates
to foreign accounts
and transactions is
just the beginning.
Investors also need
to know how an offshore
trust or corporation
operates, how these
entities must be reported
to the IRS, and how
they are taxed.
If
that weren't concern
enough, experts warn
the lack of regulation
in the offshore industry
makes it fertile ground
for fraud. Rogue companies,
many of whom advertise
on the internet, are
eager to swindle careless
investors striving
for tax haven nirvana.
Ever hear of the Dominion
of Melchizedek? It
earned the dubious
distinction as the
first nation in cyberspace.
And it sells bogus
bank licenses.
Nonetheless,
offshore accounts make
sense for several reasons,
including confidentiality
from claimants, ex-spouses
and other parties and
for asset protection,
where money in a properly
structured account
is protected from future
claims.
"The
reasons for moving
assets offshore range
from the mystique of
being offshore to legitimate
concerns for asset
protection and preserving
wealth for heirs," says Adkisson.