Off Shore Company
Author
Discussion

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
A web based directory that is registered off shore.

Does it fall under UK tax laws or not?

Eric Mc

125,855 posts

296 months

Thursday 20th November 2008
quotequote all
If it is selling in the UK, then it must adhere to general principles of UK commercial regulations. Depending on how it is structured, it may have to comply with some aspects of UK tax law as well.

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
Eric Mc said:
If it is selling in the UK, then it must adhere to general principles of UK commercial regulations. Depending on how it is structured, it may have to comply with some aspects of UK tax law as well.
It would be taking subscriptions from the UK but through a Merchant. If the Merchant paid the funds into off shore bank account. What would be the implications?

UpTheIron

4,058 posts

299 months

Thursday 20th November 2008
quotequote all
Based on the information supplied, unknown.

From where is the company managed and operated?

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
UpTheIron said:
Based on the information supplied, unknown.

From where is the company managed and operated?
The business will be managed by a UK firm that are employed by the company and not related in any way.

UpTheIron

4,058 posts

299 months

Thursday 20th November 2008
quotequote all
Who are the officers and shareholders of the business? Are they UK based (individuals or companies?)

I would expect that if your customers, assets, employees and owners are all based in the UK you would have a hard time convincing the taxman that your company not subject to UK taxation.

I assume you are looking into this to pay less CT?

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
UpTheIron said:
Who are the officers and shareholders of the business? Are they UK based (individuals or companies?)

I would expect that if your customers, assets, employees and owners are all based in the UK you would have a hard time convincing the taxman that your company not subject to UK taxation.

I assume you are looking into this to pay less CT?
Exactly.

There will be no staff. All technical support will be sub contracted out, maybe not even to a UK company.

As it is a web based directory, there will be no real assets.

Any opinions?

Eric Mc

125,855 posts

296 months

Thursday 20th November 2008
quotequote all
Where will YOU be?

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
Eric Mc said:
Where will YOU be?
Is that the crux of the situation?

Eric Mc

125,855 posts

296 months

Thursday 20th November 2008
quotequote all
Yes.

The place of management and operation of the company (irrespective as to where it is registered) determines the tax jurisdiction area.

Also, if you as an individual are a UK tax resident, any income derived by you personally from the company (irrespective as to where you intend to invest it e.g. leave it in an offshore bank account) will be subject to UK Income Tax (and possibly NI as well) at the point and date it is withdrawn from the company.
Also, any interest earned on such earnings, if deposited abroad, will still be subject to UK Income Tax subject to any Double Taxation Agreements in place between the UK and the country in which the funds are deposited.

paoloh

Original Poster:

8,617 posts

235 months

Thursday 20th November 2008
quotequote all
Eric Mc said:
Yes.

The place of management and operation of the company (irrespective as to where it is registered) determines the tax jurisdiction area.

Also, if you as an individual are a UK tax resident, any income derived by you personally from the company (irrespective as to where you intend to invest it e.g. leave it in an offshore bank account) will be subject to UK Income Tax (and possibly NI as well) at the point and date it is withdrawn from the company.
Also, any interest earned on such earnings, if deposited abroad, will still be subject to UK Income Tax subject to any Double Taxation Agreements in place between the UK and the country in which the funds are deposited.
Thans Eric,

As always, very helpful.