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What is a trust – Set up a trust in Uruguay

Central and South American Tax & Money Havens, , , ,
What is a Trust?

It is a legal transaction that involves the transfer of property or rights of the estate of a person or entity to form an autonomous patrimony entrusted to an administrator to manage it or to exercise the rights in compliance with certain instructions in favor of one or more beneficiaries.In compliance with the prescribed term or condition, such property or rights are restored to whom the property or rights conveyed or transferred to a third party.

How are called the different parties involved in the establishment of a trust?
The person who conveys the property or rights of the business object to the instructions on how to proceed with it, is called the trustor or settlor.The person who receives such property or right (trust assets) in order to comply with the provisions of the deed or deed of trust, this is called TRUST. The trustee or beneficiary is the person who receives the benefits of the property or rights managed by the Trust. The Trustor (the person who conveys the property or rights) may also be the beneficiary.The property business objects out of the assets of the Trustor (who conveys the goods) and constitute the trust property passing to form an independent involvement heritage assets of the Trust and excluded from the guarantee of the creditors of this. Both the Trustor and the Beneficiary may exercise their rights to ensure compliance with the trust according to script it gives rise.

 

Use of an Uruguay based Trust ?
Applications for this new instrument are different: one of the most anticipated in Uruguay is as facilitator of the credit instrument. Those who need to obtain a loan can establish a trust which by its nature separates certain assets of the estate of the person to constitute a separate estate, free of any affectation. The trust is a more efficient means of assurance in the field of business, giving greater legal certainty for investors. Compared to the real rights of mortgage or pledge, (traditional security instruments used in Uruguay) in the Trust property has been transferred to the Trustee who will administer the Trust in accordance with the instructions provided by the Trustor. Upon fulfilling the condition or term of affection that heritage will be returned to Trustor or Beneficiary shall be transmitted in compliance with the agreement without court action.Contact us if you want to set up a trust in Uruguay, or need advise regarding the use of trusts.
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Swiss bank secrecy deteriorate – Grant go ahead for UBS agreement

European Tax & Money Havens, ,

After a tough political battle, fraught with tension and speculation, Switzerland’s National Council and Senate have finally united in their decision not to subject the UBS agreement to a national referendum.

The landmark victory comes as the National Council, the country’s lower house of parliament, yielded at the eleventh hour, and followed the advice of the conciliation group (comprising 13 members of each council) set up to resolve the highly critical issue. Marking a significant u-turn, the lower house voted by 81 votes to 63, with 47 abstentions, against a referendum.

An agreement was eventually reached thanks to the decision by the Swiss People’s Party (SVP) to reverse its previous stance and to approve the treaty in order to prevent its collapse. Failure by the National Council to comply with the conciliation group’s recommendations would have resulted in an end to the agreement.

Commenting on parliament’s decision, UBS stated that:
“UBS welcomes today’s Swiss Parliamentary approval of the US-Swiss Government Agreement. This vote is an important step to support the resolution at the governmental level.”

“UBS continues to focus on its comprehensive and timely compliance with all obligations under its separate settlement agreements with the US Department of Justice and the Securities and Exchange Commission (known as the Deferred Prosecution Agreement, or DPA, and Consent Order) and is confident that this will be achieved by the relevant deadlines in August 2010.”

As a result of parliament’s decision to give the green light to the agreement, the Swiss Federal Council will now be able to assist US authorities under the terms of the agreement by August 19.

Concluded in August last year, the agreement provides that UBS is to disclose to US authorities the names and bank details of 4,450 of its American clients, suspected of evading taxes over a number of years with the help of the Swiss banking giant. In return, civil charges against the bank will be dropped.

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Why you need a private foundation – L’Oreal heiress Liliane Bettencourt’s fortune dispute

Central and South American Tax & Money Havens, European Tax & Money Havens, Far East Tax & Money Havens, , , , , ,

If you establish a private foundation, and are careful with how you use Swiss bank accounts, you would avoid repeating Liliane Bettencourt’s problems.

The story of L’Oreal heiress Liliane Bettencourt fortune have it all to provoke a scandal ; A L’Oreal heiress gives EUR 1.3 billion to a friend, causing an investigation, here hiding of secret funds in Switzerland, and here attempt to move the money to Singapore and Uruguay, as well as a jealous daughter and more…….  Read the story here.

If you understand French you can listen to the secrets tapes here.

The lesson from Liliane Bettencourt’s case is be careful with how you use Swiss banks and get distance to your fortune by using foundations and trust’s in selected jurisdictions.

Contact us if you need assistance to establish a private foundation or advise regarding the use of Swiss bank and other international banking centers.

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International transport – No taxes if China based

Far East Tax & Money Havens, ,

International transport services (Shipping, Airlines  etc.) incorporated within China have been granted an exemption from business tax under a notice issued by the Chinese government.

The Notice, issued jointly by the Ministry of Finance and the State Administration of Taxation, applies to revenues generated from international and regional routes, and applies retroactively from January 1, 2010.

In a statement made to the Hong Kong Stock Exchange, Air China said that, based on actual air traffic revenue earned from international and regional routes, the airline will obtain an estimated benefit of approximately CNY549m (USD80m) for 2009.

Air China stated that it anticipates a consolidated tax rate of 3.21% in 2009, including the business tax, urban maintenance and construction tax and education surcharge.

The exemption applies to any firm or individual that provides international delivery services, including shipping companies, according to the ministry of finance website, and any tax already paid would be refunded.

Cosco Shipping Co., a unit of China Ocean Shipping (Group) Co., also announced an expected CNY42m saving for 2009 from the tax exemption. 

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Start-up incentives introduced in Singapore

Far East Tax & Money Havens, , , , , ,

During his keynote address to Singapore’s Fourth Start-up Enterprise Conference, the Permanent Secretary for Finance, Peter Ong, illustrated how the competitive tax regime in Singapore encourages the growth of new start-up companies.

“Singapore offers a very competitive tax regime designed to encourage new start-up companies,” he said. “Under the full tax exemption scheme, a newly incorporated company that meets the qualifying conditions effectively pays only 5.6% on the first SGD 300,000 (USD 213,000) of the income they earn in their first three years.” “After this period,” he continued, “start-ups can continue to pay less than 9% tax on the same amount, thereby allowing new entrepreneurs to retain a larger portion of their earnings to be ploughed back to grow their businesses.”

He pointed out that, this year, the government has also unveiled an unprecedented tax benefit in the form of the Productivity and Innovation Credit, to encourage start-ups and small- and medium-sized enterprises (SMEs) to invest in productivity and innovation. As an illustration, for the first SGD 300,000 that a start-up invests in staff training, it can deduct SGD 750,000 from its taxable income.

The same start-up will enjoy another SGD 750,000 deduction should it invest in automation. “The Productivity and Innovation Credit also allows businesses to convert the enhanced tax deduction into a cash payout,” he added, “a move that would come in handy in helping start-ups and SMEs ease their cash flow.”

Ong then illustrated the programme which supplies young start-ups with grants of up to SGD 50,000 to start their innovative business, while the Start-Up Enterprise Scheme provides a co-financing option of up to SGD 1m in funding start-ups with innovative and viable content.

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