Panama Private Interest Foundations may
be established for the benefit of a person or persons, a family,
or a specific social purpose.
In general, Panama Private Interest Foundations
are used by people who wish to control and maintain ownership
of foreign corporations, however, they do not wish to own their
corporations themselves directly, due to the Controlled Foreign
Corporation (CFC) rules in their home countries. Several highly
taxed countries such as the UK, Canada, USA, Australia, New Zealand,
France, Italy, Spain, etc. have CFC rules which require that their
citizens submit declarations (reports) to the appropriate tax
authorities, in which they declare that they are the shareholders
of such foreign corporations.
Instead of holding the corporations' shares in
their personal name or in bearer form, they establish a Private
Interest Foundation in Panama that holds or owns the shares of
their foreign corporation(s), thus avoiding the CFC reporting
rules. Hence, the advantage of using the Foundation as a shareholder
for their corporation is to remove ownership from one's personal
name (or through a Bearer Share arrangement), and transfer ownership
to the name of a foreign entity which does not have owners, rather
has privately appointed beneficiaries, which are anonymous. In
this way, there is no question as to who owns the company, since
the company's shares are issued to the Foundations' name.
Another advantage of utilizing the Foundation
as a shareholder applies in the following scenario: In many cases,
when opening corporate bank accounts or investment accounts, the
financial institutions require that you reveal the beneficial
owners of the corporation. Through the Foundation ownership strategy,
one can state that the Foundation is the owner of the corporation.
Again, the objective is to remove ownership from their personal
name, to the name of a foreign entity whose ownership is anonymous.
The Panama Foundation provides additional advantages
other than just ownership. For example, the Panama Foundation
can be useful in transferring funds offshore or receiving funds
from offshore. In some cases, people use Panama Foundations as
vehicles for these purposes. Some people donate their funds to
their Panama Foundations and later use the Foundation to give
educational or special grants to their children, grandchildren,
or any one else they choose. The advantage in this case, is to
avoid fiscal regulations surrounding donations, where some governments
impose "gift taxes" and exhaustive reporting requirements.
In general, Private Interest Foundations may not
engage in habitual profit-making commercial activities as a corporation
can. Nevertheless, they may carry out commercial activities from
time to time, as long as the profits of those activities are used
for the objectives of the foundation. For example, a Private Interest
Foundation may engage in banking or investment activities, such
as investing in bank time deposits (Certificates of Deposit -
CD's), stocks, bonds, mutual funds, options, money markets, etc.
so long as the proceeds from these investment activities are for
the benefit of the beneficiaries of the Foundation.
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