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The Corpag Group can provide (tax exempt) Private Foundation
in several jurisdictions.
Comparison with the Anglo-American Trust
General
The Private Foundation is an interesting alternative to the
Trust, especially in the so-called civil law jurisdictions.
In the Western-European continental legal systems, the Trust
is still an unknown phenomenon. This also counts for
jurisdictions based upon these legal systems, such as most
of the Latin American countries. The Trust is a typical
product of the so-called common law legal systems, with
England/UK and most of the states of the USA as the best
known exponents.
The legal systems that are based upon the Code Civil do not
know the distinction between legal ownership and beneficial
ownership that is so typical for the Trust.
Therefore, in actual practice, effects of surprise can be
caused if an Anglo-American Trust participates in legal
matters in jurisdictions that are not related to the Anglo-
American legal system. It is furthermore often hard to
explain the concept of the Trust to clients in such
jurisdictions. Complicating factor is the extensive
documentation that will have to be prepared upon
incorporation.
The possibilities of application of a Trust and a Private
Foundation are almost the same and also the fiscal aspects
hardly differ. The advantage for civil law jurisdictions is
however that for the user the Private Foundation, contrary
to the Trust, is a well-known and reliable legal form.
Possible Applications
Estate Planning
The Private Foundation can be used in situations in which it
is desired to separate private or family capital in an
entity that is subject to a favorable tax regime. The
Private Foundation for example can play an essential part in
estate planning. As such, it is an instrument, according to
the wishes of the Founder, to have the capital transferred
to next generations or other legal successors without them
directly having the power of disposal of property. Under
certain circumstances the use of a Private Foundation can
prevent the multiple levies of gift and inheritance tax. In
this respect one can think of a Private Foundation as the
owner of the shares in a family company. The Private
Foundation can also be a more flexible alternative for the
foundation pseudo trustee. Moreover, applications regarding
donations or gifts to a Private Foundation are interesting.
Asset Protection
Furthermore, a Private Foundation can be used as an
instrument of asset protection when protecting family and
company capital against political risks (expropriation),
criminal risks (kidnapping), economical risks (excessive
professional and product liability) and other risks (family
spend thrift). Another conceivable application is the
so-called art foundation.
Passive Investment Company
The Private Foundation can also very well be used as passive
Investment Company or the Private Foundation can be used for
passive top-holding of the shares in the underlying active
participations.
Holding of Real Property
The Private Foundation can be used for holding real property
as a passive investment, as long as the Private Foundation
does not engage in exploitation activities such as
maintenance of the building, active collection of the rent,
etc.
Expected capital gains
The Private Foundation can be used if you expect that in the
future considerable capital gains could be realized on the
sale of certain assets. These promising assets could be
contributed to the Private Foundation. Upon sale of the
asset the capital gains are allocated to the Private
Foundation. An alternative would be that the Private
Foundation will purchase a long term call option (at fair
market value), which gives the Private Foundation the right
to purchase the asset at a fixed price in the future. If and
when the asset has substantially increased (as expected) in
value the Private Foundation will exercise its option and
realizes a non taxable capital gain.
Click here for more information Curacao, Netherlands Antilles -
Private Foundation
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Panama City, Panama |
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