You will be much more in control, if you realize how much you are not in control.Benjamin Graham
The end of the offshore era – the Common Reporting Standard (CRS), FATCA and the new challenges for the financial privacy. Bulgarian foundation – why would you need one?
Bulgarian foundation – the ultimate asset protection vehicle
The hunt for safety
Long gone are the days when bank secrecy was seen as basic human right and economic value. With the turn of the century, new challenges emerged and the world governments are now fighting vigorously terrorism, tax evasion and money laundering. This fight, although fully justified, comes at a price. Not only the privacy of the criminals is at stake, but unfortunately, the average law abiding citizen is now suffering from all international reporting agreements and the never ending “leaks” of stolen financial and bank information.
Everyone deemed guilty
So are there any options left for those who still believe in the right of financial privacy? The proven old maxima, the constitutional principle of English law, that “Everything which is not forbidden is allowed” seems outdated already. Now, one should be thinking more like “Only what is explicitly allowed is not forbidden”. Offshore companies, although perfectly legal in most jurisdictions, are now seen as taboo. Many governments threatened that all their citizens, which names appeared in the many offshore leaks scandals are under suspicion and will be thoroughly checked and questioned. Swiss bank accounts are being seen now as an incriminating prove of guilt – only the fact that a person or a company has a financial relation in the Alps is considered dodgy, least to say. World governments are paying dishonest financial employees for stolen customer’s information, a controversial practice that is now a common standard among most of the Western countries.
The legal solution
So is there a legal solution? What can a law abiding taxpayer do to protect its privacy and its investments? One thing is clear – whatever he or she does, it must be 101% legal. Even the slightest doubt of the legality of the arrangement will surely backfire with the next offshore leak or the next international agreement for information exchange.
The most obvious solution would be using a nominee. However, under the latest legislative acts, CRS, FATCA and others, nominees have to declare explicitly the true beneficiary. In many cases, this is fine and the privacy of the investor will be still preserved, to a certain degree. In other cases however, it is unacceptable. Disclosure agreements and information exchange policies, combined with unfavorable national legislation may result in very serious consequences. Our specialists can assist you, taking into consideration your personal tax position and advice you on to whether nominee structure is appropriate in your particular case.
Another option is setting a private foundation under Bulgarian law, which has many advantages. You will not only achieve full legal compliance, but you will also stay away from any controversial nominee arrangements. We can not outline all benefits here, but assets protection comes first in mind. The assets of the foundation do not belong to any shareholder or owner (as with Limited Liability Company – LLC), so they are virtually not subject to any “confiscation” measures. The Bulgarian law on foundations is very flexible and when setting up the articles, there are endless possibilities to safeguard and protect additionally the foundation’s assets. Last, but not least, the records of the Bulgarian foundations are not publically accessible online, which is another layer of privacy protection. Bulgarian foundations are governed by a separate law, clearly distinguishing them from commercial entities. It is of utmost importance to set up the foundation correctly with clear vision in mind for asset protection, privacy and tax consequences.
What we offer
IN ORDER TO SET UP YOUR BULGARIAN FOUNDATION TODAY AND ENJOY CAPITAL PROTECTION, PRIVACY, LOW TAXES AND TRANSPARENT ADMINISTRATION, WE OFFER YOU THE FOLLOWING:
- Bulgarian Foundation formation, ideal for assets and privacy protection. All incorporation documents are tailor made and prepared for your personal circumstances. The registration procedures are carried out by a licensed lawyer, guaranteeing your ultimate legal protection;
- Articles of incorporation, deed of donation, minutes of first meeting, appointment of managing body and beneficiary and all other required documents and declarations prepared bi-lingual in Bulgarian and English. Other languages available on request;
- All state registration fees;
- First class bank introduction and bank account opening;
- Registered business office in prestigious central Sofia district;
- Free tax advice by professional tax consultant;
- Comprehensive tax and legal advice on reporting issues in order to fully meet the client‘s privacy expectations;
- Business mail handling.
Utilizing Bulgarian foundation for arranging residence permit in Bulgaria
Through registration of Bulgarian NGO (ie foundation), a non-EU citizen has the unique opportunity to obtain residence permit in Bulgaria. For more information, please read How to register foundation in Bulgaria and enjoy EU legal framework protection and Bulgarian legal residency rights.