WYOMING OFFSHORE INFORMATION
Not usually recognised as a tax haven jurisdiction. It is ideal for holding companies or trading company. The most common type of company is the LLC (Limited Liability Company) since this can be structured to avoid charge to US taxation.
ADVANTAGES |
Limited liability companies are free from all US taxes. Corporations have the lowest tax rate in the US. Not usually recognised as a tax haven |
DISADVANTAGES |
Corporations are taxed on their world-wide income and need to file a tax return with the authorities |
CORPORATE LEGISLATION SOURCE |
The Wyoming Limited Liability Company Act sections 17-15-101 through 17-15-144 of the Wyoming State Code |
COMPANY STATUS |
Limited Liability Companies (LLC) Corporations |
USUAL MINIMUM CAPITAL |
No minimum |
COMPANY NAME |
Prior approval required, some names sensitive |
TIME TAKEN TO INCORPORATE |
1 - 2 weeks |
ARE SHELF COMPANIES AVAILABLE |
Yes, but unusual as usually more expensive |
CAPITAL DUTY |
None |
MINIMUM NUMBER OF SHAREHOLDERS |
LLC's - One - Called members and they do not hold any shares in the company. They agree to hold a percentage in the Company which can be formally documented in an Operating Agreement Corporations - One |
ARE BEARER SHARES / SHARES OF NO PAR VALUE POSSIBLE? |
No shares issued. |
DIRECTORS: MINIMUM NUMBER / CORPORATE DIRECTORS ALLOWED / LOCATION |
LLC's - No minimum / Yes / No restriction Corporations - No minimum / Yes / No restriction |
SECRETARY: MANDATORY / CORPORATE SECRETARY ALLOWED / LOCATION |
No / Yes / No restriction |
IS THERE A REQUIREMENT FOR A REGISTERED OFFICE / REGISTERED AGENT |
No, but a contact address must be provided / Yes |
IS THERE A REQUIREMENT BY THE AUTHORITIES PRIOR TO INCORPORATION OR PRIOR TO TAX STATUS BEING GRANTED |
None |
INFORMATION AVAILABLE ON PUBLIC FILE |
LLC's - Members details or alternatively, managers details / Registered Agent / Contact address Corporations - Registered Agent / Contact address |
DOCUMENTS TO BE KEPT AT REGISTERED OFFICE |
None |
CORPORATE BOOKS AND SEAL |
Both required and may be kept anywhere |
ACCOUNTS REQUIRED / FILED |
LLC 's - No / No Corporations - Yes in order to prepare and file an annual tax return with the authorities |
ANNUAL RETURN REQUIRED |
No |
WHERE ARE MEETINGS TO BE HELD |
No restriction |
ANNUAL FEES PAYABLE TO THE GOVERNMENT: TAX / ANNUAL RETURN FILING FEE |
LLC's - US$100 / Nil Corporations - $25 + Federal Tax at 15% if not over $50,000 / Nil |
ARE THERE ANY EXCHANGE CONTROLS |
None |
DOUBLE TAX TREATIES |
Numerous |
INTRODUCING
WYOMING - US
LIMITED LIABILITY COMPANIES
The chief attraction of LLC's is that its owners gain complete protection against liability for company obligations as with a corporation and yet they receive partnership tax treatment. Income and gains are attributed directly to the members and not to the corporation itself.
The owners of an LLC are called "members". Members are similar to the shareholders of a Corporation. The members may exercise direct control over the company, according to their individual percentage of ownership, or may appoint one or more "managers". If managers are used, they perform functions commonly associated with corporate secretaries and directors. The manager can be a trust or a corporate body if required.
Advantages
Limited liability protection for the members
Can avoid paying any taxes in the US, unlike corporations which are taxed on their worldwide income
Members and Managers need not be resident
Avoiding US Taxes
The use of an LCC creates exciting tax planning opportunities for the international community, when all four of the following requirements are met:
1. The members are neither citizens nor residents of the US.
2. The LLC does not engage in a trade or business within the US.
3. The LLC does not have an office or other fixed place of business within the US. It can however use a mail forwarding service.
4. The LLC does not earn an income in the US.
The profits generated by a non-resident LLC are not taxed in the United States. Ownership of the LLC should be established in a tax-free or low tax jurisdiction.
