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Things to consider about

"Going Offshore"

Here are the criteria you need to check
in order to make sure you
do not get yourself into trouble...

Establishing "offshore" legal entities (Trusts, International Business Corporations, Private Interest Foundations) is not for everybody.

On this page, you will find the most important criteria you must check, about yourself and the laws of the country you live in. And about yourself and your attitude to power and personal freedom.

There are four main areas you need to check:

  1. Your legal limitations...

  2. Your personal attitude and preparedness

  3. Your personal rights of freedom

  4. Your personal desires and goals

  5. Your check list - before you spend any money...

You can make your own score. This is not an exam - and yet it is. You do the math you want on your answers, and you can compare the result to what you feel comfortable about. If the result is that you do not feel attracted, then drop the idea of "going offshore"! But if it still appeals to you after this, then take the action you know is required. If you are left in doubt, then chances are that you need more information - and then resolve to get that information!

Your legal limitations...

Here are the red flags you should not ignore:

  1. Are you prohibited from communicating with people in other countries without reporting your communications to your government?

  2. Are you prohibited from accepting any volunteer work from foreigners without involving your government, one way or the other, in the details of that activity?

  3. Are you prohibited from engaging in any kind of business with foreigners without involving your government in the details of that business, also beyond reporting the income you derive from it?

  4. Are you prohibited from taking care of other people's assets and belongings, if the owner is not a resident of your country?

  5. Are you obliged by law to report to your government or its agents any information they ask, even it that information pertains to other people or companies you have no legal interest in or control over?

If any of the above "red flags" relate to you, you have to be very cautious, as any offshore involvement might bring you in conflict with the laws of your country. You are probably already aware of this abuse of your fundamental human freedom rights, and we hope for you that you have found ways of protecting yourself from your government's tyranny. If you live under a totalitarian regime that has stripped you of these fundamental rights, you are at risk if you engage yourself in an offshore venture, and you will need to find ways of adapting to the challenge. The specific ways must be chosen by you, as they relate specifically to you and your situation.

Your personal attitude and preparedness

Here are the questions you need to consider in order to determine if you are willing to pay the price your privacy and financial freedom will cost....

  1. Are you willing to protect your privacy and make the extra effort to use secure means of communication, despite them being less convenient and possibly more expensive?

  2. Are you willing to transact all business with foreign parties in a legitimate way, making sure that you always have the paperwork in order before you make any money transfers?

  3. Are you willing to accept that you cannot act as if you owned the offshore entities you work for, when the legal truth is that you don't?

    Are you willing to pay people in foreign countries a few hundred dollars a year for helping you obtain and maintain your privacy and financial freedom?

  4. Are you willing to maintain a "low profile" and keep your financial benefits for yourself and not brag about them to your friends and neighbors?

  5. Are you willing to always take a second look at information you get from your government, checking that it actually is both correct and legal before you act on it?

  6. Are you willing to consult with a lawyer as soon as you get indication of your government having an issue with your foreign involvement?

  7. Are you willing to take the time and make the effort to learn how to use offshore legal entities safely and without risk of the use of them turning into crime?

  8. Are you willing to pay to the tune of a few hundred dollars for that education?

  9. Are you willing to pay a couple of thousand dollars for establishing an offshore presence you can control?

  10. Are you willing to pay a few hundred dollars a year in order to keep your offshore presence in operation?

If you are hesitant about answering "yes" to all these questions, then you are heading for some personal conflicts by "going offshore". Everything has a price - and freedom is not free. But it isn't restricted to millionaires either! And the price is not only financial - it most definitely also involves emotion.... If you have a desire to show your neighbors and friends that you "do better than the Jones'", then you are better off staying on-shore....

And, by the way, the prices indicated above is about what it costs to go offshore when you contract with reasonable business people about it. If you think you can do it safely and legally for less, you are fooling yourself and probably heading for crime or disaster...

Your personal rights of freedom

  1. Are you free to communicate in privacy with people in foreign countries?

  2. Are you free to arrange business deals for other people in privacy?

  3. Are you free to accept working for other people, including foreigners, without being paid, if you can do so from your home, without doing any advertising or having anyone coming to your residence?

  4. Are you free to accept working for a foreign business for an agreed remuneration, working from your home, when you report the income on your tax return?

  5. Are you free to ask a foreign corporation to invoice other businesses for work and value you provided to those other businesses on behalf of that foreign corporation?

  6. Are you free to act as custodian for assets that belong to someone else, if the owner is residing in a different country, but wants you to take good care of his/her assets in your country?

  7. Are you free to do this without charging money for it?

  8. Are you free to transact business with people and businesses in other countries, such as lending or borrowing money, contracting or selling services, selling or buying products, as long as you report to your government any income you earn personally from this?

  9. Are you free from legal obligations to report to your government what you might know about other people's financial affairs, including foreign businesses you have no legal responsibilities for?

If you can answer "Yes" to all of the above questions, there are no restrictions for you to benefit from using offshore business entities - and from enjoying the benefits from doing so...

Your personal desires and goals

Here are the questions you need to consider in order to determine if you are the kind of person who will enjoy and benefit from an offshore involvement:

  1. Do you appreciate privacy and personal freedom?

  2. Do you like making your decisions about your own financial affairs in a way that allows nobody else to snoop into what you are doing and why?

  3. Do you like having unrestricted power and authority over all your assets, all your income sources, and all your income?

  4. Do you like the thought of being able to pass on your Estate to the heir of your choice, with no limitations, and without nay deductions or hassles for this heir, in terms of probate, legal fees, taxes, etc.?

  5. Do you believe that you can make an investment or a business idea grow to make serious profits?

  6. Do you like to be your own boss and make your own decisions?

  7. Do you believe that you can make a net profit on your investments or business ventures that is at least a couple of thousand dollars per year?

  8. Would you want to get started, when you know you can make it with a couple of hundred dollars and a dormant investment - or 10 hours per week to start a business venture with no start-up costs at all?

If you answer "yes" to these questions, then you have the mindset of a successful person - and going offshore will only make you even more successful, as you get rid of many of those restrictions that currently hold your talents back from performing their best...

Your check list - before you spend any money...

Finally, if you came this far, you also need to understand that the way to approach this goal is actually more important than any standard questions like

  • What kind of entity?
  • What domicile?
  • Which service provider?
  • What price to pay?
  • How to pay for it?

Let it be crystal clear that you can achieve your asset protection objectives with a Foreign Grantor Trust, with a Private Interest Foundation, or with an IBC (= International Business Corporation). They are all suitable - and none of them will work if you get the set-up done wrong!

For conduct of business (other than passive investments), you will need an IBC which is owned by one of the other two.

Also, what domicile you choose is of extremely minor importance, if it has any at all. Except for the fact that you know that people who urge you to focus on that topic as being important simply know nothing about "offshore" from personal experience... The only relevant limitation is that you cannot engage the offshore entity to conduct business in its own country! So, if you want to invest in, say, Panama, then you cannot use any entities that have Panama as their domicile. Other than this, domicile simply does not matter.

Your service provider matters, though.... The people you contact in order to get an offshore presence into operation for you and the way they do it is paramount to your success and to your ability of staying out of legal trouble with your own government.

You must make sure that your service provider accomplishes all of the following for you:

  • It must be provable that the entity was created without your involvement, directly or indirectly! If there are any public records available of you ordering it or being its founder, then you are personally liable for it, in your relationship with your own government. If you pay for it, then you will be considered "having ordered it" - and you pay your taxes for it...

  • The entity cannot be established with your name being associated with it in any way whatsoever! You cannot assume any office for it, you cannot be a beneficiary for it, you cannot be a decision-maker for it, you cannot have any legal authority over it whatsoever. If you do, you will have to lie next time you sign your tax return... Even a secret Power-of-Attorney will make you a criminal if the taxman comes after you!

Here is what will kill the deal for you:

  1. If you think that "going offshore" is as simple as "opening an account" or "setting up an X" (whatever X might be), then you are in deep trouble... (Note: if this was "simple and easy", then you could bet your bottom dollar that it would be made illegal tomorrow)

  2. If you are named in the legal papers for the entity as Founder, Grantor, Settlor, Initiator, Subscriber, Shareholder, Beneficiary, Trustee, Counselor, Director, Protector, Overseer, Controller, or anything else that covers the meaning of any of those, even on a limited or shared basis, then you are in trouble....

  3. If you make a payment for the entity that goes through a bank or in any other way is registered by someone who is under government control and subject to liability for reporting it, then you are in trouble....

  4. If you use a service provider in the USA or the UK or in some other totalitarian country where professionals are obliged by law to report "suspicious action" to their government or even entitled to a bounty if they do, then you are in trouble....

  5. If you use a service provider that openly advertises how they are going to solve all these problems for you, then you are in trouble.... because they will not be in business next year, and you will be left on your own.

  6. If you think you cannot find a service provider that can avoid all those pitfalls for you, then you are simply not intelligent enough to deserve an offshore presence... (Those service providers certainly exist, whether you happen to think you have found one yet or not)

If you know of a service provider that can and will ensure your compliance with all these demands, and who will put you in firm, realistic control of an offshore legal entity, without giving you any liabilities for it whatsoever, but including the education you need to be able to do this, then you have done your due diligence well.

If you have still not found that service provider, then your search is not over yet.

How did you make out?

We cannot give you a template for marking your results. Even if you can't answer all questions "correctly", it is still a matter of your personal judgment to conclude how far you might be from being able to do so. And that's what you need in order to make this decision diligently.

However, if you have no problem with any of your answers, then we can also promise you that you will benefit seriously from "going offshore" - and you will also enjoy it.

Whether we hear more from you or not about this, we hope that this little "exam" has helped you make the decision that is right for you - and have peace with it.

To your freedom!

Novasol Judicare Inc.

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