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Confidus Solutions Offline

Beiträge: 9

14.12.2023 12:08
Management office & Substance Antworten

Substance matters are becoming tougher within Europe and worldwide for tax purposes, therefore, some clients may prefer to have more physical presence in the place of practicing thanvirtual office services. One of the possible strategies to increase substance – is to establish a functional management office. Substance issues usually arise when local tax authorities require confirmation that the business of the company takes place in the country where the company is registered: they want to see actual presence of commercial activity in stated jurisdiction.

A Company with substance is a company abroad that resembles a classical 'offshore' company, but has so called 'substance' (presence), meaning it has local staff that is on salary, a local physical office and has real local expenditures of running a business, in other words – a management office. It resembles more an actual local company but has ties to onshore business.

For more and more businessmen the economic substance of their company is becoming an overwhelming exercise. Creating economic substance has become quite a hazard, as tax authorities, banks and governmental institutions are looking deeper and deeper into the two main questions: 'What is the actual place of management and control of the company?' and 'Who is the Beneficial Owner?'

Confidus Solutions can provide the substance office in various jurisdictions worldwide, including numerous famous offshore jurisdictions. However, considering the level of complexity and efficiency of providing substance, we would highly recommend considering the following jurisdictions as top choices: Latvia, Cyprus, Lithuania and Hungary - as in those states we can offer more advanced services, rather than purely Virtual Office, as well as more solid grounds to believe that the Company operates in the specific location. The question of Company’s actual place of management and control has lately become crucial not only for tax authorities, but as well for business partners, suppliers, banks and adversaries due to implementation of intergovernmental tax legislation and rapid development of international and online trade.

Top choices:

Management Office in Cyprus
Management Office in Latvia
Management Office in Bulgaria

Importance of economic substance
Establishing an economic substance in registered jurisdiction may be essential during inspection of local tax authorities. However, the process of establishing substance must be diligently evaluated prior to doing so, as under certain conditions it may go against your initial goals and business structure. Substance needs to be addressed in order to avoid a higher tax burden on your enterprises and to prevent big tax-disputes arising with your tax authority.

Businesses have for many years relied upon 'offshore' or non-resident structures to reduce or defer taxes and improve returns for investors. This has been particularly popular with private equity and real estate structures. But, increasingly, and particularly within the EU, tax authorities are demanding more, if the case for tax non-residence and\or relief from local taxes is to be given. Usually ‘more’ is interpreted as having more substance and physical presence in the stated jurisdiction.

Nowadays, there are still many structures established in such a way that there is so-called double non-taxation, implying that in both countries there is no effective tax levied on the overall proceeds realised within the structure. The ultimate goal is to prevent the granting of treaty benefits in the case of international corporate structures which are only set up to enjoy the beneficial terms of the applicable double taxation treaties.

When having a substance is beneficial
Having a substance is beneficial when you have planned on creating an offshore or onshore entity and want the highest protection possible in regards to it being recognized by international and regional tax authorities. In order to avoid problems, your international corporate structure must be set up as an actual and 'real' corporate structure.

Based on the actual role the company plays in your worldwide structure, there needs to be a relevant level of ‘real’ activity. In practice this means, for example, that the registered address of the company should not coincide with that of several hundred other companies and the director of the company should not be a director in hundreds of other companies simultaneously. In other words, your corporate address should at least be unique and the director should have a real function in the company.

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