专业丛书
U.S. Trust and Estate Planning 美國信託規劃實務（英文部分）
Chapter 5 The Rise of the Global Family Office
How can Wealth Creators use Offshore (BVI) Companies to their advantage?
Wealth Creators often use British Virgin Islands (BVI) companies to distribute their wealth due to the jurisdiction’s favorable legal, tax, and regulatory environment. Here’s how they typically leverage BVI companies for wealth distribution:
By utilizing BVI companies, Wealth Creators can effectively manage and distribute their wealth in a tax-efficient, legally protected, and geographically diversified manner. This strategy supports their objectives of wealth preservation, privacy, and smooth succession across generations.
1. Establishing a BVI Company
-
- Incorporation:
Wealth Creators can incorporate a BVI company quickly and with relative ease. The process is efficient, and the costs are generally lower compared to other jurisdictions.
-
- Anonymity and Confidentiality:
BVI companies offer a high level of privacy. Shareholder information is not publicly accessible, which helps protect the privacy of the Wealth Creator.
2. Holding and Managing Assets
-
- Asset Holding:
BVI companies are often used to hold various types of assets, including real estate, investments, intellectual property, and business interests. This centralizes asset management and provides a clear structure for wealth distribution.
-
- Investment Vehicles:
Wealth Creators can use BVI companies to invest in global markets. The company can hold and manage a diverse portfolio of investments, providing flexibility and efficiency in wealth management.
3. Tax Efficiency
-
- Tax Benefits:
BVI companies benefit from zero corporate tax, no capital gains tax, and no inheritance tax in the jurisdiction. This makes them an attractive vehicle for wealth preservation and growth.
-
- International Tax Planning:
Wealth Creators use BVI companies as part of a broader international tax planning strategy. This can help in minimizing tax liabilities and optimizing the tax efficiency of their wealth distribution plans.
4. Succession Planning
-
- Transfer of Ownership:
Shares in a BVI company can be transferred easily to heirs, ensuring a smooth succession process. This can be done during the Wealth Creator’s lifetime or through provisions in their estate plan.
-
- Avoiding Probate:
By holding assets through a BVI company, Wealth Creators can avoid the lengthy and often costly probate process in other jurisdictions. The company’s shares can be transferred directly to beneficiaries.
5. Legal Protection and Risk Management
-
- Asset Protection:
BVI companies provide strong legal protection for assets. They can safeguard wealth from political instability, economic uncertainties, and legal disputes in other jurisdictions.
-
- Limited Liability:
As with other corporate structures, BVI companies offer limited liability, protecting the personal assets of the Wealth Creator from business liabilities.
6. Flexibility and Control
-
- Control over Assets:
Wealth Creators can retain control over the assets held by the BVI company while setting up mechanisms for their distribution. This includes establishing directorships and management structures that align with their wealth distribution goals.
-
- Flexible Corporate Structures:
BVI companies offer flexible corporate structures that can be tailored to the specific needs of the Wealth Creator. This includes creating multiple classes of shares, implementing shareholders’ agreements, and customizing governance rules.
7. Geographic Diversification
-
- Global Reach:
Using BVI companies allows Wealth Creators to diversify their asset holdings geographically. They can invest in different regions, such as Asia, North America, and Europe, ensuring that their wealth is not concentrated in a single jurisdiction.
8. Estate Planning and Legal Compliance
-
- Estate Planning:
BVI companies can be integrated into comprehensive estate plans that consider the Wealth Creator’s global assets and heirs. This ensures that the distribution of wealth is orderly and aligned with the family’s long-term goals.
-
- Regulatory Compliance:
BVI companies are subject to certain regulatory standards, which helps in maintaining compliance with international laws and reduces the risk of legal challenges.
By utilizing BVI companies, Wealth Creators can effectively manage and distribute their wealth in a tax-efficient, legally protected, and geographically diversified manner. This strategy supports their objectives of wealth preservation, privacy, and smooth succession across generations.
