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Panama Private Interest Foundations. 

by Offshore Legal Support Inc.

 

The Private Interest Foundation is another legal exclusively from Panama and  the principality of Liechtenstein, it is a legal entity established to protect assets most of all for inheritance, however it is used as well to protect of legal process, divorces, as well it has been used  just like legal trusts for education, gifts, donations, wills or anonimity 
 

In this order, Private Interest Foundation are usefull to control nominee shares with the same effective or anonimity of bearer shares with the security of the nominee shares and there is no need of blank check, not anymore. Whenever you constitute any corporation you can protect your investment setting up a private interest foundation at the same time and the shares will be under private foundation's name. For further information contact us or please access to our book Offshore Business for Beginners in pdf

 

For business purposes you are a world citizen there is no need to pay income taxes if you are conducting business in differents countries than yours. See comparative graphic.

 

Panama Private Interest Foundation

A Panama Private Foundation is an entity created to protect assets, to give anonymity, privacy and estate planning purposes. As well these entities are created as share holders, giving the customer extra security and confidentiality.

Has its origin in the Law 25 of June, 12th of 1995 combining corporations and trusts benefits, however basicly in a trust framework. In the Panama Private Interest Foundation gets involved three components:

1. The founder: is a person or legal entity who submits the Foundation to the Public Registered previously presented into a Notary.

The Founder usually is the client or the person that the client designate. Frequently, if the client has not had previosly a corporation the founder is our company. The founder has the ability to change the Private Interest Foundation that is why is neccesary to complete an agreement for the customer, for the complete control of it.

That could be appointing a nominee Founder with full powers specifing his legal prerrogatives and a private contract between the client and Nominee founder.


2. The Protector: The Protector is optional, we strongly recommended that figure, if nominees are being used for the Founder and/or the Foundation Council.

The Protector, is the person who effectively controls the Foundation and administers the assets is such as the trustee in the Trust. The Foundation Council usually appoints the Protector through the Regulations or by a private document, so the name of the Protector is not in the public record. The Protector can replace the Foundation Council members at any time. The control is exercised by means of the protector.

The client or the person whoever designate is usually the Protector and he/she can have the Foundation Council appoint himself/herself or whoever is desired.


3. The Beneficiaries: A Panama Private Foundation does not have owners, instead of it, the ownership is with the Beneficiaries. The Foundation Charter and its Regulations specify how and when the Beneficiaries may receive benefits from the Foundation.

The Beneficiaries are appointed by the Protector or, if no Protector has been appointed, then by the Founder.

The Beneficiaries are not in the public record. The Client and/or Protector could be the sole Beneficiary.

Purposes

The most common purposes for private interest foundation are as follows:

  1. Privacy. Private Foundation may be created purely for privacy. The terms of a will are public and the terms of a PIFs are not.

  2. Spendthrift Protection. Panama Private Interest Foundations may be used to protect one's self against one's own inability to handle money. It is not unusual for an individual to create an inter vivos trust with a corporate trustee who may then disburse funds only for causes articulated in the trust document. These are especially attractive for spendthrifts.

  3. Wills and Estate Planning. PIFs are frequently used in wills (indeed, technically, the administration of every deceased's estate is a form of trust or Private Interest Foundation in this cases). A fairly conventional will, even for a comparatively poor person, often leaves assets to the deceased's spouse (if any), and then to the children equally. If the children are under 18, or under some other age mentioned in the will (21 and 25 are common). The executor of the will is (usually) the protector, and the children are the beneficiaries. The protector will have powers to assist the beneficiaries during their minority.

  4. Corporate Structures. Complex business arrangements, most often in the finance and insurance sectors, sometimes use Private Interest Foundations among various other entities in their structure, usually these entities are holding entities.

  5. Asset Protection. The principle of "asset protection" is for a person to independence the assets from his or her own assets, with the intention that future creditors will not be able to attack that money, even though they may be able to bankrupt him or her personally. One method of asset protection is the creation of a discretionary trust, of which the settlor may be the protector and a beneficiary, but not the trustee and not the sole beneficiary. In such an arrangement the settlor may be in a position to benefit from the trust assets, without owning them, and therefore without them being available to his creditors. Such a trust will usually preserve anonymity with a completely unconnected name (e.g. "The Teddy Bear Trust").

  6. Tax Planning. The tax consequences of doing anything using a trust are usually different from the tax consequences of achieving the same effect by another route (if, indeed, it would be possible to do so). In many cases the tax consequences of using the trust are better than the alternative, and trusts are therefore frequently used for tax avoidance.

  7. Tax Evasion. In contrast to tax avoidance, tax evasion is the illegal concealment of income from the tax authorities. Trusts have proved a useful vehicle to the tax evader, as they tend to preserve anonymity, and they divorce the settlor and individual beneficiaries from ownership of the assets. This use is particularly common across borders — a trustee in one country is not necessarily bound to report income to the tax authorities of another. This issue has been addressed by various initiatives of the OECD.

  8. Money Laundering. The same attributes of trusts which attract legitimate asset protectors also attract money launderers. Many of the techniques of asset protection, particularly layering, are techniques of money-laundering also, and innocent trustees such as bank trust companies can become involved in money-laundering in the belief that they are furthering a legitimate asset protection exercise, often without raising suspicion.

  9. Co-ownership. Ownership of property by more than one person is facilitated by a trust. In particular, ownership of a matrimonial home is commonly effected by a trust with both partners as beneficiaries and one, or both, owning the legal title as trustee.

 

 

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