Panama Foundations: 24 FAQ
26/02/2024International Payment Systems VS Banks
29/02/2024Having an offshore bank account, without hiding assets, is legal and can offer certain benefits
What is an offshore bank account?
An offshore bank account refers to a bank account located in a country different from the tax residence country of the account holder. In other words, it is a bank account located in a country other than where the account holder resides and generates its income. These bank accounts are opened in countries known as tax havens or countries with low taxation. These countries usually have favorable tax laws and a high degree of bank privacy. Tax havens often have less strict regulations on the exchange of financial information with other countries, allowing individuals to keep their financial affairs private and avoid paying taxes in their home country. Offshore bank accounts can be used for various purposes, such as managing assets abroad, protecting financial privacy, diversifying financial risks, and more.
I want to open an anonymous bank account; what options do I have?
There are no longer anonymous bank accounts or encrypted accounts, as all banks and countries have had to comply with international anti-money laundering laws and regulations, which have completely eliminated those type of accounts.
However, some banks in certain countries may offer a certain level of privacy and confidentiality, but always within the applicable legal and regulatory framework. These banks will generally require you to provide personal information such as your name, address, and date of birth, but may not necessarily disclose this information to third parties.
So why do some people choose to have an offshore bank account?
There are several reasons why some people may choose to have an offshore bank account:
- Financial privacy: Some people may be concerned about their finances and wish to keep their financial transactions private. Having an offshore bank account can provide an additional layer of privacy and protection against such intrusions.
- Asset protection: Having an offshore bank account can provide additional protection against asset seizure. In some countries, individuals’ assets may be subject to seizure by the government or creditors in case of bankruptcy and/or dets. By having an offshore bank account in a country with stronger asset protection laws, additional support can be obtained in such situations.
- Risk diversification: An offshore bank account can allow individuals to diversify their financial risks by holding assets in different countries. This way, exposure to negative events that may occur in a specific region or country can be reduced, providing additional protection.
- Investment opportunities: In some cases, having an offshore bank account can provide investment opportunities in foreign markets that are not available in the account holder’s home country.
However, it is important to note that using offshore bank accounts to evade taxes or for illicit activities, such as money laundering, is illegal and can have serious legal and financial consequences.
Is it legal to have an offshore bank account?
Yes, in general, it is legal to have an offshore bank account if all legal regulations and requirements are met, both in the country where the account is located and in the country of tax residence of the account holder. However, there may be restrictions in some countries that limit the holding of foreign bank accounts, and in some cases, taxes or fines may be imposed for not properly reporting offshore bank accounts.
It is recommended to consult with a financial and tax advisor like Caporaso & Partners, to obtain more information on applicable regulations and legal requirements before opening an offshore bank account.
Where are the main offshore banking centers located?
There are several offshore financial centers around the world, but some of the main ones include:
- Panama: Panama is an offshore financial center, which means it is a popular place to set up offshore companies and bank accounts. The country has developed a solid and diverse financial industry that offers a wide range of financial services, including personal and business banking, trusts, insurance, securities brokerage, among others. Panama has a number of favorable laws and regulations for businesses, including an attractive tax regime, a strong and stable banking system, a dollarized currency, and a modern infrastructure of financial services. In addition, the country offers a high level of privacy and confidentiality in financial transactions.
- Cayman Islands: It is one of the largest offshore financial centers in the world, with a large number of international banks and thousands of offshore companies registered.
- Switzerland: It is known for its private banking system and for being a center for the management of private wealth.
- Singapore: It is a major financial center in Asia and has a well-established offshore banking industry.
- British Virgin Islands: It is an important center for offshore company formation and has a growing offshore banking industry.
- Luxembourg: It is a small country in Europe that has become an offshore banking center due to its favorable tax regime and stable banking system.
- Hong Kong: It is another major financial center in Asia that offers a wide range of banking and financial services.
- United Arab Emirates: Dubai and Abu Dhabi are important financial centers in the Middle East and are known for their offshore banking industry.
What is the best option for an offshore bank account?
This depends largely on where you maintain your tax residence, the type of income and expenses that you will have in the account, and whether you need a personal or business bank account. Therefore, the best option is to have a consultant like Caporaso & Partners analyze all those data to advise on the best account based on your requirements. We propose this form.
I want a safe offshore bank that has a good rating. What options do I have?
Offshore banks, in general, are more expensive than the banks on the corner of your home. They offer different services and charge higher fees. If you need a low-cost account, you will have to operate with offshore banks as a tax resident of the jurisdiction where the bank operates. This is because residents are charged much lower fees.
Keep in mind that now, offshore banks that accept small clients are very few. So, there aren’t many options. In practice, you don’t choose the bank, it is the bank that accepts you or not. Generally, high-rated banks require high deposits. The bank must not be analyzed only by its rating.
Who controls those who give ratings? At Caporaso & Partners we analyze banks through customer experience, how long the bank has been in the market, who the correspondent banks are, and what type of investments they engage in. Obviously, you should research on your own as well. But, we specialize in opening accounts and deal with banks on a daily basis, so we have our finger on the pulse of the situation.
How to open an offshore bank account?
Opening an offshore bank account usually requires following some steps, which may vary depending on the country and financial institution where you want to open the account. Some common steps are as follows:
- Selecting the right country and bank: The first step is to choose a country and financial institution that offers offshore bank accounts. It’s important to research the reputation of the country and bank, as well as their policies and regulations.
- Providing documentation: The financial institution will require documentation that demonstrates the identity of the account holder and their tax residency. This documentation may include a copy of the passport, proof of residency, among others.
- Providing information about the source of funds: Information about the source of funds that will be deposited into the account may be required. This may include information about income, savings, and investments.
- Initial deposit: Most offshore banks require an initial deposit to open an account, the amount may vary depending on the bank and type of account.
- Complying with tax regulations: It’s important to comply with tax regulations in the account holder’s country of tax residency and the country where the offshore bank account is located. Reporting the account to tax authorities may be required.
It’s important to note that opening an offshore bank account can be complex and may require advice from a financial or tax professional like Caporaso & Partners.
What are the requirements for opening a personal offshore bank account?
The requirements for opening an offshore bank account vary depending on the country and financial institution where the account is being opened. However, some common requirements may include:
- Identification documents: A valid identification document, such as a passport. The identification must be in good standing and have a clear photograph.
- Proof of residence: Proof of residence from the account holder’s country of origin, such as a utility bill, a loan contract or a work letter. This is used to verify the residential address and comply with KYC (Know Your Customer) regulations.
- Bank references: Bank references that attest to the applicant’s solvency. Bank references are usually letters of reference from banks with which the applicant already has an account.
- Employment history and financial statements: Information about the applicant’s employment history and recent financial statements, such as a tax return, to verify their financial history.
- Minimum deposit: A minimum deposit may be required to open an offshore bank account, which varies depending on the country and bank.
Additional requirements may be requested, but as mentioned earlier, this will depend on the country and financial institution.
In Panama, banks usually request the following:
- Copy of the Articles of Incorporation and amendments.
- The shares in the articles of incorporation must be listed as “exclusively nominative”.
- Copy of the Certificate of Good Standing from the Public Registry (valid for no more than 30 days).
- Copy of the Notice of Operations / Commercial License.
- License or Resolution authorizing the activity (if applicable).
- Copy of ID/Passport for:
- Directors
- Officers
- Legal Representative
- Shareholders
- Signers
- Company`s Letter of Bank Reference addressed to the bank. In case the company is new, a bank reference letter from one of the authorized firms and a commercial reference letter must be presented.
- Copy of Tax Return or Financial Statements and copy of contracts that support the movements of the account.
- Informative letter from the company indicating historical overview, activity, main clients, suppliers, countries where it operates, number of employees, and use and purpose of the account opening.
Is it possible to open an offshore bank account remotely?
It is possible to open an offshore bank account remotely in some cases. Although it depends on the country and financial institution. Many offshore banks allow remote account opening to attract international clients and simplify the account opening process.
However, it is important to note that opening an offshore bank account remotely may require the submission of more documentation and verification of the ID`s, to confirm the identity of the applicant, which may delay the account opening process. Additionally, some offshore banks may require the account holder to travel to the country to complete the account opening process.
What are the costs associated with having an offshore bank account?
The costs associated with having an offshore bank account can vary depending on the country and financial institution where the account is opened, as well as the type of account and services used. Some common costs that may be associated include:
- Opening and maintenance fees: Many offshore banks charge fees for opening and maintaining the bank account. These fees can range from a few hundred dollars to thousands of dollars per year, depending on the country and bank.
- Transaction fees: Fees may be charged for transfers, deposits, and withdrawals from the offshore bank account. These fees can be a fixed amount or a percentage of the transaction amount.
- Currency conversion fees: If transactions are made in currencies other than the currency of the offshore bank account, fees may be charged for currency conversion.
- Fees for additional services: Fees may be charged for additional services such as online banking, credit cards, checkbooks, and more.
It should be noted that the costs associated with having an offshore bank account can be significant and should be considered before opening an account.
What taxes do I have to pay if I have an offshore bank account?
The answer to this question depends on the country of tax residence of the account holder and the tax laws that apply in that country. In general, citizens and tax residents in many countries are required to pay taxes on their global income and assets, including those obtained through an offshore bank account.
It is important to note that offshore bank account holders are required to report any income and assets obtained through the account to the tax authorities of their country of residence and pay the corresponding taxes. However, very few offshore bank account holders comply with these rules. In addition, some countries may also require the submission of additional reports, such as the declaration of foreign assets, for greater transparency in their citizens’ finances.
Non-compliance with tax obligations in relation to an offshore bank account can have serious legal and financial consequences, such as fines, sanctions, and legal proceedings. Therefore, it is advisable to seek advice from a professional such as Caporaso & Partners.
How can I access my money in an offshore bank account?
The access to the money in an offshore bank account may vary depending on the country and the financial institution where the account was opened. Some of the common methods to access money in an offshore bank account are as follows:
- Wire transfer: transfer money from the offshore bank account to a local or international bank account. Transfers can be made online, through a bank branch or via a mobile app.
- Debit and credit cards: Some offshore banks offer debit or credit cards linked to the account that allow account holders to access their money anywhere in the world where the card is accepted.
Nowadays, most offshore banks offer debit cards that are not connected to your bank account. So you can spend your money without it being easily traced. Obviously, if you use these cards in a place where you are asked for an ID, for example, in a hotel or a car rental, the transaction is easier to be detected.
Does an offshore account pay interest?
In fact, higher interest rates can be one of the reasons why someone decides to open an offshore account. In some cases, these rates can be significantly higher than those offered by local banks. To obtain attractive interest rates, the bank may offer a fixed-term deposit, a certificate of deposit (CD) or a time deposit.
However, this would only make financial sense if one is handling large amounts of money, where the interest generated is not an insignificant factor. If it is a more modest sum, the costs of maintaining an offshore account may outweigh the benefits of the interest earned.
In many cases, national banks have lowered interest rates to historically low levels. When comparing these rates with the inflation rate, depositors may find themselves losing money by keeping their money in the country, instead of seeking more profitable investment options, such as an offshore account.
Is there a minimum balance required for an offshore bank account?
Yes, generally offshore bank accounts require a minimum balance to keep the account active. The minimum balance required varies depending on the bank and the type of account, but can be quite high in some cases. In general, it ranges from 500 to 10,000 USD. For example, Swiss banks often have a high minimum balance, which can be up to 50,000 or 100,000 USD or the equivalent in another currency in some cases. However, if you are a resident in the bank’s jurisdiction, you may not have these restrictions.
The purpose of the minimum balance is to ensure that the bank can cover the costs associated with opening and maintaining the account, and it can also be used as a way to attract clients with higher levels of wealth.
It is important to note that, in addition to the minimum balance, other fees and charges may apply to maintaining an offshore account, so it is important to carefully read the terms and conditions before opening an account.
Who can apply for an offshore bank account?
The banks we work with offer services for different types of clients, including private banking, expatriates, and clients with international business activities such as trading. These services are offered in both offshore banks and low-tax jurisdictions.
In the case of private banking clients, the main goal of banks is to keep wealthy clients satisfied. Private banking services vary from bank to bank, but are generally offered to individuals with available wealth of more than USD 100,000. Although private banks are not necessarily associated with offshore accounts, they are often used to gain higher investment returns. However, these banks are not the best option for investors who want to play an active role in managing their investments.
For expatriates, many offshore banks specialize in providing banking services to people living outside their country of origin. These services usually focus on online banking and call centers, as well as account management for people who may or may not be employed.
Finally, some clients use offshore companies for international business activities. In these cases, offshore banks that specialize in private banking or expatriates are not suitable. Instead, a bank with experience in handling these types of international business activities is required.
How can I safely keep my money in an offshore bank account?
The security of an offshore bank account will depend on the country and bank where the account is held. However, there are some general measures that offshore account holders can take to ensure the safety of their money:
- Investigate the bank: It is important to investigate the reputation and financial stability of the bank before opening an account. It is recommended to choose a bank with a solid track record, good references, and regulated by a trustworthy financial entity.
- Diversify: It is advisable to diversify funds in different banks and countries to reduce the risk of losing all the money in one account.
- Use secure passwords: To protect account access, secure passwords should be used and changed regularly.
- Regularly verify the account: Regularly checking the account to ensure there are no unauthorized or suspicious transactions.
- Keep account information private: It is important not to share account information with third parties and to be cautious of phishing and other fraud attempts.
What other ways do I have to keep offshore deposits?
If you do not want to use a bank, you can use a financial broker, where you will deposit your money, but you will have to invest a portion of it. If you want to do it, for example, at low risk, you can acquire securities that have a history of little variation and hold them long term. Another way is through a trust company.
Trust companies are para-financial entities, supervised, but not as closely as banks. The third option is to use electronic wallets and online banks in low-tax countries. Depending on your requirements, you need to analyze which one would be better for your needs. There are several that have been on the market for years and have a good reputation.
What risks are associated with having an offshore bank account?
Although having an offshore bank account can provide financial and tax benefits, it also carries some risks. Some of the dangers associated with having an offshore bank account include the following:
- Legal risk: The use of an offshore bank account can be subject to complex regulations and tax laws, and non-compliance with these laws can result in fines, penalties, and legal proceedings. Offshore bank accounts are often associated with a lack of transparency in the finances of their holders, which can lead to accusations of tax evasion, corruption, and money laundering.
- Political and economic instability: In some countries, political and economic instability can put the assets held in offshore bank accounts at risk.
It is important to note that these risks can be managed and mitigated by adopting appropriate measures. It is recommended to seek advice from a financial and tax professional such as Caporaso & Partners and be aware of the potential risks associated with these bank accounts.
What is automatic exchange of information?
Automatic exchange of information (AEI) is a process by which countries automatically exchange financial information on a regular and systematic basis to help combat international tax evasion and avoidance.
The AEI is based on the exchange of information agreement between countries for tax compliance, and is carried out according to the standards of the Organization for Economic Cooperation and Development (OECD) and the Global Forum on Transparency and Exchange of Information for Tax Purposes (GFTEF).
The AEI allows governments to collect information on the income, assets and financial transactions of their citizens and tax residents abroad, including those obtained through offshore bank accounts. This information is automatically shared with tax authorities in other countries, helping to ensure that citizens comply with their tax obligations in the country where they reside.
AEI is being implemented in many countries and is expected to become common practice in the future.
What is the tax haven blacklist?
The blacklist of tax havens is a list of countries or territories that do not comply with international standards of transparency and cooperation in tax matters and are considered as places where people can hide assets to avoid paying taxes. These jurisdictions are considered “non-cooperative” in the fight against tax evasion and avoidance at the international level.
The blacklist of tax havens is compiled by international organizations such as the European Union (EU), the Organization for Economic Co-operation and Development (OECD), and other international groups. Countries included in the list may be subject to economic sanctions and other punitive measures by other countries and international organizations.
The criteria for including a country in the blacklist of tax havens may vary among different organizations, and the fact that a country is not on the blacklist does not necessarily mean that it fully complies with international standards of transparency and tax cooperation.
What happens if I do not declare my offshore bank account?
Not declaring an offshore bank account can have legal and financial consequences, including fines, penalties, legal proceedings, and the possibility of facing charges for tax evasion. To avoid problems, it is advisable to obtain residency in a tax haven or low-tax country.
In many countries, citizens and tax residents are required to report all their income and assets. Failure to do so can be considered tax evasion.
Many countries have intensified efforts to combat tax evasion and avoidance internationally, which has led to increased tax information exchange between countries. This means that it is increasingly difficult to hide assets overseas without being detected. It is advisable to seek guidance from a financial and tax advisor to understand tax obligations and ensure compliance with all relevant laws and regulations.
What money laundering prevention measures are implemented in offshore banking?
Offshore banking is subject to regulations and money laundering prevention measures to ensure that banks and their clients are not involved in illicit or fraudulent activities. Some of the common money laundering prevention measures in offshore banking are:
- Customer due Diligence: Offshore banks conduct careful verification of their clients’ identity and financial activities to ensure that they are not involved in illicit or fraudulent activities. Banks may also perform a customer risk assessment and monitor bank account transactions for suspicious activity.
- Knowledge of the origin of funds: offshore banks require customers to provide information on the origin of funds to be deposited in the bank account.
- Suspicious Transaction Reporting: Offshore banks are required to report suspicious transactions to financial authorities and to comply with reporting and notification requirements under applicable laws.
- Compliance with international regulations: Offshore banks must comply with international standards for the prevention of money laundering, such as those established by the Financial Action Task Force (FATF) and the Organization for Economic Cooperation and Development (OECD).
- Training and awareness: Offshore banks train their employees to recognize and prevent money laundering and other illicit activities.
I have funds in an offshore bank and I want to repatriate them, what should I do?
You have probably made a sacrifice to send this savings money to an offshore bank account and you have incurred costs to send the money abroad. So, I don’t really advise you to repatriate it.
If you need the funds to make a purchase for a business or a house, then this can be done with other methods, such as with loans secured by your offshore money. This can be done through the same bank where you keep your money deposited or through other financial institutions.
How can I receive a SWIFT MT 103/23?
SWIFT MT 103/23 transactions are fraudulent. It is not possible to send an MT 103 or an MT 103/23 with any type of attached condition. One Way and Two Way SWIFT MT 103/23 are scams that scammers use to take advantage of people’s ignorance and steal their money. Although SWIFT is an organization that is dedicated to promoting and developing standardized global interactivity for financial transactions, these types of transactions are not designed for any type of conditional transaction.
The MT 103 is a simple form of SWIFT message that is commonly used to perform fund transfers between banks. The MT 103/23 is a scam in which scammers make people believe that there is a conditional transfer in which the beneficiary’s bank will not release the funds until certain documents are completed or the sender has confirmed that the funds can be released. However, it is not possible to send an MT 103 or an MT 103/23 with any type of attached condition.
Transactions that involve the conditional release of documents are administered by lawyers, trustees, and escrow agents, not banks. On the other hand, the MT 103 One Way is a scam in which a person is tricked into thinking they will receive a large amount of money through an MT 103/202 bank transfer, but before receiving the money, they have to pay numerous costs and fees to the issuing bank. In most cases, no real MT 103/202 payment is ever received. Finally, the MT 103 Two Way is a scam in which a person receives a bank transfer of $30 million, of which they are allowed to keep $5 million, but they have to transfer the other $25 million to an account provided by the scammer.
This money laundering scheme is illegal and can lead to the person involved going to jail. In summary, fraudulent SWIFT MT 103/23, One Way, and Two Way transactions are a scam that seeks to steal money from people who are unaware of how these transactions work. It is important for people to be vigilant and avoid getting involved in these transactions to avoid falling victim to scammers.