Franking Credits
One of the potential issues for having an offshore entity holding Australian shares is that the franking credits paid to the shareholder
will effectively be lost. This mean that if a dividend is paid out to an
offshore entity and those distributions are then paid back to an Australian
resident individual the franking credits from the original dividend will not be
able to be used by the Australian resident individual. Structuring at this point
is critical and it may be appropriate for the Australian resident individuals to
hold their interests through an Australian entity and for the PRC investors to
hold their interests through an offshore structure. Accountants need to
recognise however the cultural and political reasons for the structure and the
PRC investors may want the entire investment to be held through the offshore
structure. Tax should never take precedence over commercial reasons and so this
is an extremely important aspect to be considered.
CFC Issues
It will be important to consider how the Controlled Foreign Corporations (CFC) regime will impact upon you as an Australian tax resident.
This area of law is currently undergoing dramatic changes and you need to engage
an accountant who deals with these issues. It will be important to look at
things such as the central management and control, the type of income (is it
active – business- income or passive income), control percentages Cheap Wesley Woodyard Jersey , permanent establishment, etc to determine how you will be affected.
Setup Costs and Ongoing Costs
One of the reasons that PRC investors sometimes use a BVI over a Cayman Islands company is due to the initial setup
costs and ongoing costs. Cayman Islands companies are generally more expensive
to establish and operate than a BVI. Discuss this with us so we can determine
what may be the most appropriate structure.
Tax Evasion
Note that we do not deal with clients who want to establish such structures to evade tax or to launder funds. Gone are days when you could
move money offshore and hope it would not be detected. AUSTRAC tracks all
incoming and outgoing transfers and when transfers are made to established tax
havens such as the BVI and Caymans it will be highlighted to the ATO. If things
are being done correctly and there are legitimate commercial reasons for these
structures then the ATO will not have an issue. We have been involved in a
number of Operation Wickenby matters and we can assure you that it is not worth
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