Tag Archive | "tax attorney"

Ecuador & Banking


When living in Cotacachi, Merri and I do not use Ecuador banking. See below why banking globally is better.

ecuador-banking

This Cotacachi plaza has one of the village’s two Cathedrals and…

ecuador-banking

a bank with an ATM… plus

ecuador-banking

a new credit institution with an ATM as well.

ecuador-banking

This works just fine for us.

This is an even better idea now that the Ecuador government has created a new wealth reporting regulation. See yesterdays article on Ecuador’s new financial reporting law if you missed this.

For wealth protection we bank mainly with Jyske Global Asset Management… who look after our investments in Denmark, but comply with US regulations.

I have banked abroad for 40 years and this has become increasingly difficult… though there are still ways.

In fact I co hosted Jyske Global Asset Mangement’s (JGAM) first US seminar  last month in Naples, Florida. Here I am with Thomas Fischer of  JGAM. While other banks are dumping Americans, Jyske is working harder to enhance its global service for US investors.

bank-privacy

Since I wrote my first book, Passport to International Profit in the 1970s, my mantra has been to have what I call a “Six Point Command Posture” which is to:

Live in one country
Bank in a second country
Invest in many countries
Earn in two or more countries
Use a company incorporated in a fifth country
Take a second residence

bank-privacy

The seven speaker panel answered questions at the JGAM – Gary Scott seminar.

Since Merri and I reside most of the time in the US and Ecuador, we do as little banking in these countries as possible.

There are some good reasons to have the “Six Point Command Posture”.   You can see why below.  The “Six Point Command Posture” is worthwhile even though recent events remind us that this posture is regretfully more difficult to attain than before.

The British Telegraph newspaper published a recent article entitled Lloyds Bank hit by Obama tax purge.  Excerpts (a link to the entire article is at the end of this message) say:  Banking group drops American customers in UK ahead of costly proposals to stamp out tax evasion.

Lloyds Banking Group is ditching American customers based in Britain pending a crackdown on international tax evasion planned by President Barack Obama.

This week American private client account-holders at Lloyds’s received letters informing them of an “important change in policy regarding clients who are resident, domiciled or linked to the United States by property or asset holdings”. They were told the bank had “no choice” but to “cease acting as your investment manager.”

One recipient, who has lived in the UK for over 25 years, said: “After all this time, I’ve suddenly been told I must take my money elsewhere and I don’t understand why. Now I’m scared that other banks won’t take me on either.”

The proposals, which were unveiled in the President’s first budget, have been designed to clamp down on American tax evaders abroad. But bank bosses say that in practice they could be asked to take on the task of collecting American taxes at a cost and legal liability that make servicing the clients inexpedient. The rules have not yet been finalised and are still subject to debate in Congress.

The letters also contained four comprehensive descriptions of the bank’s definition of clients that are affected. These included clients that hold green cards, pay American taxes, are American domiciled or even those where there is “any indication” that a client spent more time in the US than “normal holidays currently or in the past or future.”

There has been a continual erosion of the liberty that US investors  enjoy when banking abroad.

First, the Swiss Banks started limiting what US resident investors could invest in  (in the 1970s). Then the Swiss started dropping US resident investors all together.  Many Canadian financial institutions stopped accepting US resident investors  years ago.

Now the British banks have jumped in and as the article shows… it is not just US residents.  Even US citizens who have lived in England for 25 years are losing their accounts.

Fortunately, since banking abroad is not about reducing tax,  there are still great, safe and proper ways to bank and hold assets abroad.

Merri and I use Jyske Bank and Jyske Global Asset Management because they offer an excellent global investment service that conforms to all US rules.

bank-privacy

Lars Stouge President of JGAM speaking at the Naples seminar.

See more on this in a TV interview between Thomas Fischer and me here.

Why Bank Globally?

Some investors mistakenly think that banking abroad reduces tax.  This is not correct and has not been for decades. There are numerous good tax planning ideas, but they work as well with local investments as well as overseas.

The reason to bank abroad is that we live in a global economy.  We are dependent on production from many nations every day.  Even though we do not do so directly we spend many currencies every day.   The ultimate form of financial security is a multi currency existence.

We are multi national spenders so we need to be multi national investors.  We need bankers and investment managers who have international and multi currency experience and expertise.

An excerpt from a recent multi currency question and answer session sent to my multi currency course subscribers explains why and how in more detail:

There are numerous benefits gained by using Jyske. The first benefit is Jyske’s global investing experience, 24 hour trading facilities and their low fee structure.

Jyske Bank has incredible in depth knowledge of markets and have a very broad access to global markets.  Jyske Global Asset Managers (JGAM) not only tap into Jyske Bank for data, but they also use  Morgan Stanley and Bank Credit Analysis for research.  There is rarely an investment question that I cannot get answered at Jyske.

The low fees are also a huge benefit.  I used to hold accounts at 14 banks around the world. Finally I started researching the fees I was paying and bean eliminating the accounts that charged the highest fees.

In the end I was left with Jyske and my London stock broker.  For example Jyske’s fee to buy bonds was one-sixth that was charged by my Swiss banker.

Hidden fees and shaved interest rates, especially those charged when you in exchange currencies, and buy stocks and bonds often chew an investor to pieces.

Plus Jyske has been in the banking business for over 100 years. They have enormous experience and are very conservative.  They were not hit by the sub prime mess. They had no Madoff investments.  I like this type of old fashioned stability.

Jyske is in touch with the pulse of the market. They trade 50 billion dollars of currencies and commodities a day.

Another important aspect gained at Jyske is bank safety. Denmark is ranked as one of the safest countries in the world to bank.

In addition there is great privacy and asset protection. No one that you do not inform can see your account.  Should someone sue you and gain a judgment against you, that judgment is not automatically enforceable in Denmark.   The creditor would have to start a legal action to attain the funds in Denmark and to date this has never happened at Jyske.

Q: Can you explain what type of account the multi currency transactions would be conducted?

A: There are two types of JGAM accounts… managed and advisory.

JGAM can buy any type of investment for Americans in managed accounts… because it is JGAM is making the decision… not the client.  Depending on the size of your account, you can ask Jyske to hold a specific investment in your account and if it makes sense in terms of the execution, diversification and your risk profile, they will do this… but it must be JGAM’s decision.

The managed accounts are available in four risk profiles… low risk… medium…high or speculative.  You can learn more about Jyske’s asset allocation strategy at the JGAM site linked later in this message.

Q: I have residency in Mexico there although I do not claim foreign residency for US tax purposes at this time.

A: Your residence does not matter when it comes to managed accounts.

There is a residential impact for advisory accounts.

If your main residence is outside the US (JGAM will want to see a utility bill as proof of residence), then JGAM can buy any investment without qualification.

If you have an advisory account and your main residence is in the US, then JGAM is restricted to buying qualified (US traded) investments for you.

However you still gain the asset protection and privacy benefits as these US traded assets are held in Denmark.

Q: Do you use a foreign LLC to conduct your business with Jyske Bank?  If so what country is the LLC issued from?

I do not use an LLC for our Jyske accounts. It is much easier to open an account in person.  However our account ownership is part of a plan that takes tax, asset protection and estate planning into account.  Everyone should make their decision on what type of structure and where it is organized based on their own plan that suits their own circumstances.

I highly recommend using a Strategic Asset Snapshot offered by Cox & Nici that  looks at all these variables. Joe Cox the senior partner of this firm has been my tax attorney for about 20 years.

You can get information about their Strategic Asset Snapshot Joe at jcox@coxnici.com

Learn about our Multi Currency Course and how to get this entire session here.

Having a six point command posture has become increasingly important over the  past 40 years as we have increased our involvement in the global economy.  Yet this secure method of living, investing and doing business has also become more difficult to achieve.  The result is that this posture is even more important and more worthwhile.

US investors See Jyske Global Asset Mangement’s new website here.

Non US investors contact Reny Matys at mathys@jbpb.dk

Gary

Save up to $249! Enroll in our July 24-26 International Investing and Business Made EZ seminar here

We offer two emailed courses, one on how to be a multi currency investor, the other on how to have your own international web business.

We enhance these courses with regular international investing and business seminars that I conduct in coordination with Jyske Bank and Jyske Global Asset Management.

If you enroll in our July 24 to 26 International investing and business seminar by July 1, 2009 you can have one of these tow emailed courses free and save p to $249.

Delegates gain a lot by talking with each oter at these courses. Here are delegates at our Naples course.

bank-privacy

Join me with Thomas Fischer of Jyske Global Asset Management and my webmaster David Cross in North Carolina July 24-26 IBEZ North Carolina

We’ll have a New River wine tasting at Bohemia Gallery as we did last year. here are delegates at that tasting.

ecuador-wine-cheese

Our North Carolina courses in 2009 will be conducted in the new…

ecuador-wine and cheese

West Jefferson Hampton Inn.

Save $249!   Enroll in our July 24-26 International Investing and Business Made EZ course here

Here is what one reader wrote about our last seminar.

Hi Gary, Just a note to express our appreciation for a great event.  The Naples Beach Hotel provided a comfortable  setting for the gathering. The hotel should be congratulated for the excellent food and service. We enjoyed all of the speakers. I particularly enjoyed John Mauldin. I have followed his writings over the years.  In  1994 we attended several of your seminars, I enrolled in the Multiple Currency Course and opened an account with Jyske Bank.  This activity has provided us with a nice retirement income over the years. With economic disruptions world wide I decided to become reacquainted  with currencies as an investment tool as a consequence of  my very dark view of the USD’s future.  Keep up the good work. My day is always brightened by your daily emails.

Save $249! Enroll in our July 24-26 International Investing and Business Made EZ course here

Read the entire Telegraph article: Lloyds Bank hit by Obama tax purge at
www.telegraph.co.uk/finance/newsbysector/banksandfinance/5526129/Lloyds-Bank-hit-by-Obama-tax-purge.html

Ecuador & Social Security


There are some Ecuador reporting rules & global Social Security wrinkles you should know.

There are some great reports being sent to Ecuador Living subscribers after our trip last week to Cotacachi.

For example one report tells of this organic tomato farm for sale that is producing $25,000 a year income.

Ecuador-social-security

Another looks at 15 new condos like this being built on a small river in Cotacachi.

Ecuador-social-security

Yet another reviews our trek on this fantastic lake.

Ecuador-social-security

One report I already sent to Ecuador Living subscribers last week provides a warning (and solution) about a new Ecuador financial reporting regulation and a Social Security wrinkle for any American who plans to live abroad.  An excerpt from that report explains why this is important information to know.

I am working with tax attorneys in Ecuador and the US because there is a new Ecuador wealth reporting law that requires residents or those staying in Ecuador over 183 days a year to report all wealth and assets (everywhere in the world) once a year.

This new financial reporting law requires all Ecuadorian residents with assets above $200,000, ($400,000 as a couple) to report their wealth.

This report requires an itemized list and valuation of financial accounts and personal property owned anywhere in the world every year six months after the end of the year.

Even those who do not have this wealth can be asked to submit a report showing what wealth they do have and they can be fined if this report not presented.

Here is what our Ecuador tax attorney, Floridalva Zambrano, has replied:

The whole issue about “Declaración Patrimonial” has been very confusing as the rules have been changed several times in a short period of time.  The government has mentioned several times that this “Declaración Patrimonial” does not have any tax purposes, that it is only a way of checking the increase in the value of your patrimony from year to year and that it was legally obtained.

Right now this information is available through the municipalities, registries, SRI itself,  bank system, etc, but it is not as useful as it would be if they have it concentrated. Kind regards,  Flori”

For many US residents who plan to move to Ecuador avoiding this report will just add a bit more work to existing tax and asset protection planning.

First of all, one should keep their wealth as confidential as they legally can.

Our US tax attorney Joe Cox wrote:

I am not at all comfortable with reporting to the government of Ecuador or anyone ALL of one’s worldwide holdings.  Even if it is a generic reporting or an overview.  Anyone could then find out what you have and what you are worth. We have no assurance that there are security walls in the tax departments.

There are ways to avoid this report but for Americans planning to live anywhere abroad there is  another concern beyond this Ecuador reporting.   This concern is a US Social Security regulation.

If you are collecting Social Security and live abroad you must report overseas income correctly to Social Security or you can be penalized by a fine or imprisonment.

Plus Social Security recipients can lose Social Security benefits if they work or even own a business (even if they do not work in the business).

The same steps one would take to legally to reduce one’s financial profile (for Ecuador reporting purposes) are also likely to resolve the Social Security concerns at the same time.

If you are living in the US and planning to live in Ecuador prepare in advance.

You can read this entire report as an Ecuador Living subscriber.

Or you can contact our tax attorney Joe Cox.

We expect a lot of inquiries on this and I have asked Joe if he would give our readers a no charge consultation.  Joe has set up a system so his personal assistant can take calls calls and e-mails and schedule a first time no obligation, no fee conference call on the questions about this.

See Joe’s Bio here.

Joe Cox’s email is jcox@coxnici.com

Please copy his personal assistant abarza@coxnici.com

Until next message, good living in Ecuador or wherever!

Gary

Join me and Thomas Fischer from Jyske Global Asset Management in North Carolina to learn more about economic trends and new tax and bamnking regulations.

David Cross our webmaster will also speak to help delegates learn how to have a global internet business.

International Investing and Business Made EZ North Carolina

We’ll have lunch at the farm and enjoy the cool summer mountains. Here’s a shot of our front yard.

investing-green

Thomas Fisher speaking to our delegates at the farm.

seminar-roses

orange-roses

multi-currency-meeting

Delegates enjoying a private conversation with Thomas Fischer during a coffee break at the farm.

Ecuador Capital Gains Tax


Ecuador Capital Gains Tax

Ecuador capital gains tax is not due on occasional property sale profits.

This is another Ecuador earning idea… fixing up properties… like this.

This can be profitable. Plus these profits can be tax efficient as well.

In Ecuador there is no capital gains tax on the occasional sale of real estate… so you can take a property like this…

Cotacachi condos

fix it t look like this…

Cotacachi-condos

and sell it without incurring income or tax tax liability in Ecuador.

You may still incur tax liability in your country of residence or citizenship. For example if you are a US citizen you may have US capital gains or Alternative Minimum Tax liability.

This is why it is of utmost importance that you consult a tax attorney on such matters.

In fact it now more important than ever to have legal advice (US citizens at least) when you bank and do business abroad.

For year’s we have advised readers of the advantages of investing, business opportunity and banking opportunities abroad.

The main benefit is greater opportunity.  This is the era of the global economy and those who invest globally have the greatest opportunity. This is the story we have been preaching for 41 years this May.

For example right now the US property market is quite slow. Ecuador’s market is strong.

Banking abroad provides access to more experienced global investment knowledge and the ability to execute global investments and business more efficiently.

Another benefit is added asset protection.

I regularly get notes like this from readers who are professionals and in business…

“Gary, I continue to be bothered by an unjust lawsuit that is actually  extortion.  The legal fees are crazy. Such is the legal system now that even when you are totally innocent, you lose even if you win.”

When you invest and do business globally, assets held correctly abroad are safer from seizure via civil action.

However, we have also continually warned of the great risk of doing global investing and business  without good legal advice. Monday’s message looked at the importance of making sure that you use overseas banks in the correct way.

An excerpt from a recent article in the Financial Times entitled “Swiss agree to relax bank secrecy rules” points out the importance of this advice.

The article says:

BERNE, March 13 – Switzerland agreed on Friday to relax its strict bank secrecy rules and co-operate more on tax evasion in a last-ditch attempt to fend off a global crackdown on tax havens that is rattling the offshore banking industry.

In a landmark statement, the Swiss government said it would embrace standards for tax cooperation and exchange of information set by the Organisation for Economic Cooperation and Development, meaning more information on suspected tax evaders will be shared with other countries.

”Banking secrecy does not protect tax crimes. International cooperation on taxes has become more important given the globalisation of financial markets and in particular against the background of the financial crisis,” Swiss president and finance minister Hans-Rudolf Merz told a news conference.

A decision on Thursday by tiny offshore rivals Liechtenstein and Andorra to adopt more tax co-operation has put even more pressure on Berne.

It comes on the heels of moves by other centres, including Singapore, Hong Kong, Jersey and the Isle of Man, to open up.”

An article in the New York Times outlines the focus importance that taxing authorities have placed on tax havens.  The article was about how US President Barrack Obama acted as a mediator during a recent tense meeting between The French President Sarkozy and Chinese President Hu who were arguing about tax havens during the Group of 20 meetings.

The article said:

“Mr. Sarkozy wanted the big communiqué produced by the Group of 20 to endorse naming and shaming global tax havens, maybe even including Hong Kong and Macao, which are under China’s sovereignty. Unsurprisingly, Mr. Hu was having none of it. He appeared angry that Mr. Sarkozy was effectively accusing China of lax regulation, and that the French leader was asking China to endorse sanctions issued by the Organization for Economic Cooperation and Development, a club of wealthy nations that Beijing has yet to join.

According to accounts provided by White House officials and corroborated by European and other officials also in the room, Mr. Obama escorted both men, one at a time, to a corner of the room, to judge the dispute. How about replacing the word “recognize,” Mr. Obama suggested, with the word “note?”

The result: “The era of banking secrecy is over,” the final communiqué said. “We note that the O.E.C.D. has today published a list of countries assessed by the Global Forum against the international standard for exchange of tax information.” Hong Kong and Macao did not appear on the list.

In other words, be global by all means… but make sure you have a local attorney who helps you do everything legally and correct.

The attorney I use is Joe Cox.  You can reach Joe at jcox@coxnici.com.

Learn more about Joe Cox here.

Back to the fixer uppers.

If a person spends time in Ecuador  and stays alert, they’ll see many incredible fixer upper bargains.

Just over a year ago, Merri and I bought the four story office building shown above.   We began cleaning it up an converting two floors into condos.

I could sell these for double what I paid… and still have the two downstairs floors… though they are not for sale.

Construction costs are low. Local craftsmen are handy.  They’ll do things you ask.  So we can afford to use great tiles in the kitchen but keep costs down.

This was the third floor… the kitchen especially…

was a mess.

Here is the third floor now.

ecuador-banks

This if fully furnished with…

ecuador-banks

one bedroom and …

ecuador-banks

office/den (or second bedroom)  and…

ecuador-banks

balcony.   The kitchen now…

ecuador-banks

looks great.  The hardwood cabinets had not been installed when I took this shot.

This was the 4th floor, before…

now let’s head up the stairs and see  it after.

ecuador-banks

This is a loft studio with…

ecuador-banks

great light and an open feel with…

ecuador-banks

full dining area and…

ecuador-banks

kitchen.

ecuador-banks

These floors are among the highest points in the village and views from both units are the best around.  Morning’s give…

the sunrise over Mt. Imbabura.

ecuador-banks

Evenings offer sunset in the east on Mt. Cotacachi.

ecuador-banks

Views are great at night with the village alight.

ecuador-banks

and you can see the entire village…

ecuador-banks

and both mountains during the day.

Where we had huge walls we said…”How about windows with a view?”.   The builder  figured out what height was needed to see Mt. Cotacachi and simply knocked the window openings in the walls. Then he built hardwood window surrounds that frame this view.

ecuador-banks

The bathroom includes a full tiled bathtub and spa shower like this.

ecuador-hotel-savings

The king size sleeping nook has this view also and is fully curtained…

ecuador-banks

with full hardwood closets.

ecuador-banks

These units are available for rental on a three, six or 12 month lease by the way.

Fixing up has property provided Merri and me with sopme nice extra profit… that is totally tax free in Ecuador. Though our last Ecuador fixer upper profits did create some US tax liability.

In these times of change the best ways to gain opportunity are with real estate, commodities, stocks and your own business.  For those who want to live full or part time in Ecuador and earn extra tax efficient profits, that avoid Ecuador capital gains, consider buying and fixing up Ecuador property.

Gary

Join us in Ecuador.

Ecuador Coastal Real Estate Tour May 16-17. $499 Enroll here.   $749 For a couple.

Imbabura-Cotacachi Real Estate Tour May 20-21.  $499 Enroll here.  $749 For a couple.

Ecuador Amazon Herbal Tour May 22-24.  $399 Enroll here. $499 For a couple.

Take Two for One. Attend any of the three international business & investing courses below and select any one of the tours above free.

July 24-26 IBEZ North Carolina + Tangled Web

Oct. 9-11 IBEZ North Carolina + Tangled Web

Nov. 6-8  IBEZ Cotacachi + Tangled Web

Sign up for our three May 2009 tours and attend any of the IBEZ Cotacachi + Tangled Web seminar above FREE.

Attend any two Ecuador courses or tours in a calendar month…$949 for one.  $1,349 for two.

Attend any three Ecuador courses or tours in a calendar month…$1,199 for one.  $1,799 for two.

Learn about our July 2009 Ecuador export tour 2-4-1 deal here.

See our full 2009 schedule here.