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