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Tax Engineering

Can I buy a property with my offshore company?


Question

Can I buy a property with my offshore company? Will I have to pay taxes for this purchase? Is it legal to buy and own a property with an offshore company? What benefits will this purchase have for the company?

Answer

These and many other questions rise up when deciding to buy a property in your country of residence or in offshore jurisdiction. An offshore company can buy a property in any country but VAT taxes will have to be paid in the country where the transaction takes place. Once the offshore company becomes the owner of the real estate, it can claim these taxes from the tax agency of the country where the purchase was made since the company is not the resident in this country and does not do any type of commercial activity there. Therefore, it cannot be treated a tax resident. Once the offshore company requests the tax refund, the fiscal authorities verify that none of its members (directors / shareholders) are residents of the country where the purchase was made. Once all the pertinent investigations have been carried out, the taxes originated in VAT will have to be returned to the offshore company.

What is the best way to buy a property with an offshore company in your country of residence? If you are interested in buying a house with an offshore company and you are the owner of this company, we recommend using nominee services so that your name, as a final beneficiary does not appear in the Deeds of sale of the house. In order to do this, the lawyers who have registered the offshore company will have to issue a Power of Attorney so that a physical person (company owner) can sign in the notary on behalf of the company.

What documents will the notary request for the purchase of the house? The documentation that the notary will request will be the following:

  1. Apostilled Articles of incorporation of the offshore company
  2. Identification of all the members of the company (director and shareholders), usually 2 visual references are requested, such as a copy of passport and identity card
  3. Apostilled Power of Attorney in favor of the person in charge of making the purchase

As you can see buying a property with an offshore company is not a simple procedure but it is a way to protect your assets from any demand or defaults that the owner of the company may face in his country of residence.

Buy property with offshore company



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