The concept of “offshore structuring” refers to the set-up of legal entities and / or legal arrangements in a foreign jurisdiction. These structures commonly include, but are not limited to, Private Limited companies, Limited Liability Companies (LLC’s), Private Foundations, and Trusts. In addition to numerous economic advantages, offshore structuring can aid estate and succession planning, and facilitate the protection of certain assets.

There are a number of increasingly popular Offshore Financial Centres (OFCs), including Mauritius and the Netherlands, that provide both fiscal and non-fiscal benefits to South Africans wishing to establish a structure abroad. These potential advantages can include:

• sufficient business regulation;

• economic and political stability;

• the adherence to tax treaties (including double taxation avoidance agreements);

• the absence of exchange controls,

• the absence of or favourable treatment of capital gains, and withholding taxes;

• access to preferential trade areas, such as COMESA & EU/EEC; and

• the presence of internationally recognised financial institutions.

Our team at HJW Attorneys can assist you in setting up your own offshore structure. We will tailor this legal entity to your specific personal and/or business needs, whilst ensuring compliance with all applicable legislative requirements and associated standards.