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    In the context of international asset management, choosing the right jurisdiction to register funds and trusts is a critical decision. Europe offers many attractive options, each with its own unique advantages and peculiarities. In this part of the article, we present an analysis of the best European countries for opening funds and trusts, taking into account aspects such as tax policy, legal stability, financial infrastructure and asset protection.
    The best countries for opening trusts and foundations are Switzerland and Luxembourg. The legislation of these countries provides unprecedented protection for beneficiaries, the registration of trusts is the most flexible, and risks are minimised. Let us remind you that according to the Global Competitiveness Index, Switzerland is among the 10 best countries for financial investments. This country is the largest centre of trust administration, and in 2007 Switzerland ratified the Hague Convention on trust legislation.

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    In Malta, it is possible to incorporate a closed and a public limited company. The minimum share capital of a public company is €46600 and €1200 for a private company. At the time of incorporation, at least 25 per cent of the capital of a public limited company and 20 per cent of the capital of a private limited company must be paid up.
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    Profits earned by a resident company, whether in Malta or abroad, are subject to income tax at the rate of 35%. However, Malta does not impose tax on dividends, interest and royalties remitted abroad (no withholding tax) and Malta has no transfer pricing or thin capitalisation rules.
    (transfer pricing-the sale of goods or services to interdependent persons at intracompany, non-market prices. They allow the redistribution of the total profits of a group of persons in favour of persons in lower tax states. This is the simplest and most common scheme of international tax planning aimed at minimising taxes paid;
    thin capitalisation – when the company’s activities are financed by borrowed funds).
    Value Added Tax is levied on the sale of goods, works and services in Malta. The VAT rate on the island is 18%. Some goods are subject to preferential rates of 5% (e.g. printed publications, hotel services) and 0% (medicines and foodstuffs). There is no property tax and there is no turnover tax on the transfer of shares in companies owned by non-residents. Malta also has no exchange control legislation and a Maltese company can conduct its economic activities in any currency in the world.

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    Cost of starting and maintaining a company. If you are planning to start a micro-business with a small number of employees or run your business on your own, countries with high start-up and maintenance costs (Switzerland, Luxembourg, Liechtenstein) are unlikely to be the best choice for you. In addition to the cost of starting a company, it is also important to consider the costs of maintaining it: the cost of accounting services, the obligation to undergo an audit, the need for local employees and the need for a physical office in the country of incorporation.
    Company control. Before starting a business in Europe and choosing a country to open a company, it is worth paying attention to the corporate legislation of the country you have chosen – in some European countries (Switzerland, Bulgaria) a company with foreign ownership has an obligation to have a local director who is a resident of the country. For some types of business this may be an insignificant and easy to fulfil requirement (you have a partner, a resident of the country in which you fully trust), but for other types of business it can be a significant problem and it is better to try to solve it at the earliest stage, choosing a European country to open a business in which there is no such obligation.
    Confidentiality of information about the company’s beneficiaries. If inaccessibility of data on company beneficiaries is critical for your business, Cyprus and Switzerland will be the preferred choice for opening a company in Europe. It should be borne in mind that in some European countries information on all company members is freely available (Estonia), while in others it can be ordered for a small fee from the Commercial Register or from a private company that has such information.

  • Comment Link Raphaeljag Tuesday, 27 August 2024 05:36 posted by Raphaeljag

    SIF – Specialised Investment Fund A specialised investment fund based in Luxembourg is in principle exempt from income tax. The subscription tax is 0.01% per annum. The basis for calculating the subscription tax is the total net asset value of the specialised fund. The company is liable to a one-off capital tax of €1,250 payable on incorporation. SICAR – company with risk capital investments (Authorised capital of at least EUR 1mn) Annual capital turnover tax of EUR 1,250. Corporate tax 29.63%. There are no restrictions under double tax treaties. Profit distributions are not subject to source tax. Income from securities is exempt from tax. Proceeds from the liquidation of a company are not taxed (for non-resident participants)
    Luxembourg does not tax profits generated by offshore bank accounts. An offshore Luxembourg bank account is a guaranteed means of capital protection. All information in offshore bank accounts in Luxembourg is considered confidential and may not be disclosed without the express authorisation of the bank account holder.
    Luxembourg offers unique business opportunities due to its stable economy, favourable tax system, strategic location, quality financial services and high standard of living. These factors make it an attractive location for international investors and entrepreneurs seeking to expand their operations or enter the European market.
    However, business success in Luxembourg requires careful planning and understanding of the local environment. This includes choosing the best legal form for the company, strategic planning, complying with regulatory requirements and proactively engaging with local partners and regulators.
    Overall, Luxembourg offers a favourable environment for business development, backed by a highly skilled workforce, an innovative economy and a stable legal system.

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