Singapore Offshore Company - A Full Guide 2024
Offshore companies have long been synonymous with strategic financial planning and international business expansion. These entities, registered and operated in jurisdictions distinct from the owner's domicile, offer a myriad of benefits ranging from tax optimization to enhanced asset protection. In an increasingly globalized economy, understanding the nuances of offshore incorporation can empower businesses and individuals alike to explore new markets, safeguard assets, and navigate complex regulatory landscapes with agility and efficiency.
This article provides a comprehensive overview of the strategic advantages and uses of offshore companies. We will discuss which business types are most suitable for offshore incorporation and share success stories of well-known companies that utilize offshore structures. And finally, we will highlight the key benefits and steps for incorporating an offshore company specifically in Singapore.
- What Is an Offshore Company?
- How Offshore Companies Acquired a Bad Reputation
- Offshore Companies Reinvented
- Reasons to Consider Offshore Companies
- Businesses That May Benefit from Offshore Incorporation
- When an Offshore Company Isn't the Best Option
- Offshore Company - Case Studies
- Why Consider Singapore for Your Offshore Company
- Planning to Incorporate an Offshore Company in Singapore?
- Frequently Asked Questions
What Is an Offshore Company?
The term offshore refers to a location outside of one's home country. Therefore, in a broad sense an offshore company is defined as a company incorporated outside the country in which it primarily conducts its operating business or where its principals (directors, shareholders) are located. In other words, we can call any company that is incorporated in a foreign jurisdiction relative to the place of its business activities or the place of its key stakeholders an offshore company.
In the narrower sense, the terms offshore, offshore zone, or offshore jurisdiction is often used to refer to a country or territory that has special business regulations designed to invite foreign companies. Among them include a favorable tax regime, streamlined corporate reporting and governance rules, robust intellectual property rights protection, and an efficient legal system.
How Offshore Companies Acquired a Bad Reputation
With time, due to the lack of regulations and with the help of clever lawyers, businesses and entrepreneurs started to incorporate offshore companies in zero tax offshore jurisdictions simply to avoid taxes and for no other business purpose. Entrepreneurs would register their companies in jurisdictions that imposed no or very low taxes for non-residents. In addition, such companies typically enjoyed secrecy in both administration and banking matters. Transactions and the ownership of corporations in these tax havens remained anonymous and confidential. Many so-called zero tax havens (such as Cayman Islands, Bermuda, the British Virgin Islands, etc.) became the primary vehicle for setting up offshore companies. Some of these structures were used for money-laundering and the term offshore company gradually started to acquire a negative reputation.
As revealed in a 2016 leak from the law firm Mossack Fonseca (also known as the Panama Papers), numerous world leaders and celebrities have used shell companies to avoid paying taxes. This sort of tax avoidance was also a common practice among a number of well-known U.S. companies, according to a report by Oxfam America. The country’s 50 largest corporations have stored more than a trillion dollars in offshore shell companies to lower their tax rate, the report says. The report analyzed Securities and Exchange Commission filings and determined that large corporations such as Pfizer, Walmart, IBM, and Apple have stashed billions of dollars via more than 1,500 subsidiaries in tax havens such as the British Virgin Islands and the Cayman Islands. Though this practice wasn’t illegal, keeping profits offshore lowered the taxes owed in the United States; Oxfam estimates that these offshore structures cost the U.S. government about $111 billion each year in lost revenue.
Offshore Companies Reinvented
To address the issue of tax evasion, developed countries have started to implement anti–tax haven measures. Such measures include strategies and rules that empower countries to not recognize or admit investments made through offshore havens by their residents. Many international organizations and governments have proposed a series of measures aimed at preventing unfair tax competition between countries. Since 2009, the Organization for Economic Co-operation and Development (OECD) has been at the forefront of this movement to address tax avoidance by multinational corporations. Those countries that still implement dubious tax practices are included in blacklists, and are ostracized by the majority of companies with genuine business activities.
In the current context, tax benefits are not sufficient to attract firms to an offshore jurisdiction. It must offer more — a regulatory regime that is favorable for business, financial, and personal purposes. It is regulatory system that:
- Encourages foreign investments and ensures that the regulatory framework for investment is anchored on sound, stable, predictable and transparent principles
- Offers an attractive tax regime including an extensive network of international tax treaties to avoid double-taxation. Such a tax system must achieve best value for the taxpayer and at the same time contribute to the country's economic growth and employment
- Enables flourishing of world-class banking system and a stable currency
- Provides an efficient legal system and protection of intellectual property rights
- Stands out for ease of doing business along with outstanding business infrastructure and skilled workforce
Traditional tax haven countries with no tax reporting, no accounting, no audits, and no other regulatory requirements are not suitable any more. The OECD regulations have made such countries pariahs in the international financial system. Some may still be useful for select situations or hybrid structures, but for the most part, they are no longer the best option. Transparency is the new norm. Incorporating your company in a jurisdiction that is even minimally opaque or has few to no KYC requirements may shut out your company completely from the international financial system. Before setting up your offshore company, it’s worth looking through “offshore blacklists” drawn up by reputable international institutions. Here are two of them:
- In 2017, the European Union drew up what was then a rather extensive blacklist of "non-cooperative countries and territories," comprising 19 states considered to be tax havens. As of 2022, this list has shrunk to 9 jurisdictions.
- The Financial Action Task Force on Money Laundering (FATF) is an intergovernmental organization founded in 1989 to develop policies to combat money laundering and terrorism financing. The FATF's black and gray list is one of the most internationally recognized and has the highest weight alongside the EU list.
Choosing a country that is on either of the above lists is a risky idea. Alongside avoiding countries that appear on the blacklists, it’s worth taking into account political risks in the country where you are going to incorporate. For example, Hong Kong is constantly under political and economic threat from China. If Hong Kong ceases to be autonomous and comes fully under the domain of China’s political and legal system, it will lose its business freedoms and status as a global financial center.
Reasons to Consider Opening Offshore Companies
Businesses That May Benefit from Offshore Incorporation
Online Businesses
Startups
Financial Services
Overseas Expansion
Technology and Software Companies
Family Offices
Holding Companies
International Trading
Investment Companies
Professional Services with Global Clientele
We Have Helped Thousands Incorporate In Singapore
When an Offshore Company Isn't the Best Option
Offshore Company - Case Studies
Why Consider Singapore for Your Offshore Company?
Ease of Doing Business
Favorable Tax System
Tax Exempt Foreign Income
Double Taxation Avoidance Agreements and Free Trade Agreements
Strong Intellectual Property Protection
Flexible Accounting Requirements
Low Incorporation Costs
Remote Bank Account Opening
Fast and Remote Incorporating
Government Incentives
Planning to Incorporate an Offshore Company in Singapore?
Frequently Asked Questions about Singapore Offshore Company
Considering Singapore?