Offshore
The View From Switzerland - Is Tax Planning Any Longer Legitimate?

In today's world it appears that tax planning is increasingly being questioned. What freedom of action remains? Figures in the industry recently met in Switzerland to find out.
How relevant is tax planning in a world where mitigating or
avoiding taxes – not previously thought of as nefarious – are
sometimes put in the same bracket as tax evasion? This and other
questions were aired at a recent wealth management conference
hosted by law firm Withers over two days in
Geneva and Zurich.
With international families amassing assets in a number of
countries and living a peripatetic lifestyle on a number of
continents, what can be done to limit taxation in a way that is
acceptable to the relevant authorities?
Another area for discussion was the usefulness and desirability
of additional passports. While HNW individuals may aspire to
unfettered access to the US, the Green Card/ passport route may
not be the best option given the consequential liability to US
taxation on global assets. There are a number of other visa
options that can allow access to the US without the consequences
of taxation liabilities so long as an individual does not spend
too much time in the country.
Wealthy individuals have for some time been able to effectively
purchase a second or third passport by investing in the target
country. One potentially unexpected suggestion as a country for a
second passport was the Caribbean island group St Kitts and Nevis
- a member of the British Commonwealth. A passport from this
country allows visa free access to some 140 countries.
One theme that ran through the whole conference was the need for
individuals to prepare and plan ahead as they internationalise.
Justine Markovitz, who heads up the Swiss offices of Withers,
referred to the establishment of a team of local advisors headed
by one coordinator to avoid the problems associated with advice
in one country leading to adverse consequences in another or
advice for life planning contradicting the best planning for
inheritance and succession.
Different jurisdictions have different rules and regulations for
residence and taxation; clients must grasp the difference and
definitions of residence, tax residence and domicile and the
consequences for their wealth in each jurisdiction in which they
have assets and right of abode. Poor planning can lead to tax
liabilities in more than one location.
Trusts and on and offshore companies will continue to play a key
role in international financial planning for HNW individuals
although the trend is clearly for a move away from hiding money
to planning for tax efficiency and effective inheritance. Control
remains a big issue for many clients and this is a complex area
that needs significant attention, the conference heard.
So are trusts and offshore banking on their way out as
transparency becomes the order of the day and banking secrecy is
eroded? The view that came out of the conference is one of an
industry in process of significant change as the challenges of
international banking transparency and the right to privacy
conflict. But talk of the demise of the offshore banking and
trust business is probably rather premature.
(The conclusion of this article is also one that was broadly shared by attendees at a recent Breakfast Briefing in London hosted by the publisher of this news service; see here.)