A silver lining for taxpayers

By Simon Black · 37 comments

The US Internal Revenue Service was feeling rather proud of itself yesterday; IRS Commissioner Doug Shulman held a press conference to release the final results of 2009 amnesty program.

Over 7500 taxpayers came forward this year to confess hiding income in overseas bank accounts; this number is substantially greater than the several hundred which usually step forward.

Obviously, the unity of insolvent western governments against overseas ‘tax havens’ coupled with the UBS/Swiss banking debacle has lit a fire under noncompliant taxpayers… and of the 7500 individuals who came forward under the amnesty program, their bank account sizes range from $10,000 to over $100 million.

To be clear, having an overseas bank account is not illegal… it’s actually a smart thing to do. Generating offshore income, hiding it in an overseas bank account, and not telling the government about it, though, is illegal.

The Obama administration continues to beef up the IRS with financial and manpower resources– 800 new agents are currently being trained specifically to go after international tax evaders. They have even announced opening up new offices in places like Beijing and Panama… though I’ll believe it when I see it.

With their new mountain of resources, I expect the IRS to go after a few noteworthy tax dodgers (Wesley Snipes, Bradley Birkenfeld) in highly publicized trials. My prediction, however, is that most people the IRS finds will more than likely be subject to financial penalties, probation, and suspended sentences.

Why? Because incarceration costs money, and the government needs tax revenue. Someone who can make $100 million and stash it away in a Swiss bank account is more useful to the government creating jobs in society rather than playing the harmonica behind bars.

Regardless of the penalties, though, trying to ‘hide’ money in offshore accounts is just a dumb thing to do. There are a lot of people out there who think that their trustees and banking secrecy will protect them from tax authorities.

They won’t. Depending on the discretion and secrecy of another human being is a sure-fire way of getting caught. No banker or trustee in the world can withstand the pressure of the federal government and its limitless resources.

There is a bit of good news in all of this, though.

The Obama administration has recently abandoned its plans to go after overseas corporate income. Current tax code allows US corporations to defer paying taxes on income earned overseas until that money is repatriated to the United States. Obama wanted to change this law, but has recently abandoned his plans.

I’m sure that US companies threatened the administration with another round of deep job cuts if the tax hike were passed… and considering that Obama needs their support for changes to climate, healthcare, and financial regulations, he walked away from the idea altogether.

Entrepreneurs with overseas income can greatly benefit from this tax rule; with a properly planned business structure, businesses can defer paying taxes on overseas income, indefinitely, until the funds are brought back to the US.

Let me know if you’re interested and I can refer you to some knowledgeable and by the book tax attorneys who will give you expert advice.

THE BEST GAME IN TOWN:

Legitimate tax deferral strategies are often the cornerstone of good tax planning.  Find out what options are available for your particular situation and take action right away.

For individuals, an easy way to do this is with the self-directed IRA structure that I have mentioned a few times. I don’t want to beat a dead horse, but it’s a no-brainer strategy.

We negotiated a subscriber discount with Checkbook IRA, whom I have worked with in the past to set up a self-directed IRA. Due to extremely heavy call volume, the good guys over at Checkbook have agreed to extend the discount for one more week to make sure that they have a chance to answer everyone’s questions.

Find out if this ‘no-brainer’ strategy will work for you and take action by October 23rd to save $500.


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{ 37 comments… read them below or add one }

1 James Crittenden October 15, 2009 at 12:12 pm

Please forward info on tax attorneys who will give me expert advice.

Reply

2 Steven Natelborg October 15, 2009 at 12:18 pm

Hey, Simon.

Long time reader. Thx for your service!!!
Could you please refer me to some good tax attys?
Thx!

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3 Mark October 15, 2009 at 12:36 pm

Simon,

In respones to “Let me know if you’re interested and I can refer you to some knowledgeable and by the book tax attorneys who will give you expert advice.”

I have an interest. Thank you.
Kindest Regards,
Mark

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4 Chris Cleveland October 15, 2009 at 12:42 pm

Yes Mr. Black, I’d like more information regarding what you wrote:…..

….. “Let me know if you’re interested and I can refer you to some knowledgeable and by the book tax attorneys who will give you expert advice.”

I know you’ve mentioned Mark Nestmann at times …is he one of your go-to guys per chance?

Thank you

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5 Jim M October 15, 2009 at 12:54 pm

Simon,

Please expound on what a ” properly planned business structure” means to you from your experience. Does this mean IBC, trust or foundation, or one of these preceeding entities, has to be a part of it.

Incidentally, in your travels and time spent what would be the two top locations you would pick “if” you chose to live in any one place. First being the cost of living in that geographic location is not a factor and secondly that the cost of living is the biggest factor yet having qualified infrastructure.

Jim

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6 Chris October 15, 2009 at 12:54 pm

I would definitely like to be referred to a by the book tax attorney who could help me form a company overseas and thus defer most of my income. Thanks in advance.

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7 Martha October 15, 2009 at 1:13 pm

Four year ago my husband and I sold our N.California home and used the resulting funds to purchase a working dairy in Uruguay (complete shift in gears for both of us). We are not yet making a profit as the property was fairly rundown, so there is no tax liability from the IRS perspective, yet. I will be receiving an inheritance soon which we would like to invest in the property. I would really appreciate your offer of referral to a tax attorney to insure we set ourselves up to shelter as much of our money and potential future earnings as possible.

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8 TM November 15, 2009 at 6:57 pm

Martha,
Where are you in Ururguay? We are looking at buying property in Punta del Este and would love to know where to get organic raw milk, organic meats and vegetables. So you would be our first contact.
Thank you.
Simon,
We have a gaggle of attorneys but always interested in ones that might help with a new perspective on overseas taxes.
Thanks for newsletter.

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9 Tom Martin October 15, 2009 at 1:13 pm

Simon:

If US citizens are taxed on worldwide income, how can the following be true: “Entrepreneurs with overseas income can greatly benefit from this tax rule; with a properly planned business structure, businesses can defer paying taxes on overseas income, indefinitely, until the funds are brought back to the US.”

Thanks,

Tom

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10 Jeff October 15, 2009 at 1:52 pm

Hello. Very timely article in that I am in the process of setting up a new company. My partner and I are considering different jurisdictions for the corporation, and your referrals to plan the business structure would be greatly appreciated.

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11 Dee Tee October 15, 2009 at 3:03 pm

Interested in establishing a Real Estate Investment Corporation/Trust

in the countries of Central (and possible South) America, i.e. to actually purchase land/lots, improved land/agricultural land, beach & mountain property, in general all types of Real Estate, with no intentions of ever remitting to the homeland.

Looking to eventually setting up a legacy structure for the kids & grandkids.

P.S. I have no problem with paying taxes to any gov’t.

D.T.

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12 ksal October 15, 2009 at 3:03 pm

Thanks for the info Simon.
I’m interested.
Please point me in the right direction.
My future might be in need of some good tax advice.

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13 Quantella C. Owens October 15, 2009 at 3:53 pm

Dear Mr. Black,

I’m interested in your referral.

Thank You,

Quantella Owens

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14 Leonid Faybusovich October 15, 2009 at 4:22 pm

Yes,
I would be interested in knowing appropriate tax attorney.
Thanks, Leonid Faybusovich

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15 Jusina October 15, 2009 at 7:07 pm

We are excited about checkbookira.com and are in the process of setting up an LLC through them. We would very much like to know the names of some good tax attorneys. My husband would like to get some corroboration on the legality of protecting your IRA through an LLC.

We get more good information from you than any other source.
THANK YOU!

Reply

16 BOB October 15, 2009 at 7:31 pm

WOULD THERE BE A CANADIAN EQUIVALENT TO THE U.S. IRA? COULD WE DO THE SAME WITH CDN. RRSP’S

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17 BEN BRABB October 16, 2009 at 12:38 am

I’m sure your recommended tax attorney will be overwhelmed, but I too, would like his/her/their name(s).

Thank you for helping us to keep up our defenses.

Ben

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18 Ernest October 16, 2009 at 7:29 am

Definitely of interest. Please send these contacts.

Ernest

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19 cruzer October 16, 2009 at 7:31 am

Dear Mr. Black,

I’m interested in your referral for a tax attorney.

cruzer

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20 Bill Stephens October 16, 2009 at 9:36 am

Thanks for all the great info. Please forward info on recommended tax attorneys for off-shore corporations.

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21 Edgen October 16, 2009 at 10:52 am

Mr. Black,

Please send me the list of attorneys you referred to in your article.

Edgen

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22 Eugene October 16, 2009 at 11:47 am

Simon,

I’m interested in your referrals for good tax attorneys.

Kind Regards,
Eugene

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23 john ganos October 16, 2009 at 11:51 am

Please send referrals to ” by the book” tax attnys who could assist in setting up an offshore corp to DEFER taxes. Thank You.

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24 Chris October 16, 2009 at 1:32 pm

I am definitely interested in learning more about how I can take advantage of the deferred foreign income rule and being referred to some knowledgeable and by-the-book tax attorneys who will give me expert advice. Thanks a million. Chris

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25 Rol October 16, 2009 at 9:58 pm

Please add me to the growing list! I wish to learn of the “silver lining”.
This is sooo important and timely as the window is slamming shut!

Reply

26 tom October 17, 2009 at 10:45 am

Sir:

Definitely of interest. Please send these contacts. Thank you.

Reply

27 Annie October 17, 2009 at 1:18 pm

Please send list of recommended attorneys. Thanks!

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28 ScottV October 17, 2009 at 5:43 pm

I too would be interested to hear of knowledgeable, reputable US tax attorneys who could answer questions & give reliable tax advice regarding foreign corporations and foreign accounts.

Earlier this year, I had asked my longtime CPA about tax implications of a Panamanian corporation, but this was new to him. Apparently, other than a couple people who’ve had Canadian accounts, none of his other clients have attempted to set up a foreign corporation.

PS – Thank you for your insightful & very interesting daily commentaries. I sure enjoy them!

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29 Chuck October 17, 2009 at 6:24 pm

Simon, great article; very informative. I am also responding to your kind offer, as in “Let me know if you’re interested and I can refer you to some knowledgeable and by the book tax attorneys who will give you expert advice.” I have a strong interest in acquiring this information, doing all this nice and legal and by the book. Thanks very much.

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30 Chris October 17, 2009 at 6:59 pm

Tax attorney for Canadian, re Panama? no mention in Black paper.
Opinion please. 20 year mortgage at 7% good idea or stay 1 year.
Thanks for the good work.

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31 Robert W. Steele October 18, 2009 at 8:23 am

Mr. Black – can you pls refer me to the right tax attorney in Panama and thank you in advance Bob steele

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32 TM November 15, 2009 at 7:00 pm

I am interested in a tax attorney in Panama as well. If you know of one please forward the information. We have an attorney doing our residency but no one for taxes. Thank you.

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33 Larry October 18, 2009 at 5:09 pm

Need good advice on International income and tax planning. Thanks

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34 Cliff October 23, 2009 at 9:28 am

Please forward contact for tax attorney specializing in overseas companies owned by US residents. Thanks.

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35 Genie Goldilocks October 27, 2009 at 2:47 pm

FAO: US & (other) EXPATS WORLDWIDE

Where can you ‘park’ your assets safely? Pay no taxes in situ; Benefit from 90% depositors’ statutory government backed asset capital guarantee with NO UPPER LIMIT; Have no requirement to complete a W9 form (US Citizen Expats); Basically ‘offload’ your assets in a way that technically from a legal point of view, you don’t own them; Set the whole thing up to be managed by the tightest offshore ‘Trust’ legislation in the world (Belize Asset Protection Trusts; created under English Common Law); Appoint professional Fund Managers FROM ANY WHERE IN THE WORLD i.e JP MORGAN, INVESCO, PERPETUAL, you name any fund management group, you can chose it; or nominate a private professional fund manager to make the decisions you instruct; or do it all yourself; access foreign currency i.e dump the Dollar for Yen, Swiss Francs, Euros, or any combination of currencies; Invest in currency ETFs, Gold ETFs; access ALL ETFs & ETNs world wide;;;etc etc…………..the answer?

ISLE OF MAN, BRITISH ISLES

(an Island located between Great Britain and Ireland, protected by the UK, but with completely separate laws,(based on English Common Law) government etc, and is neither a member or an associate state of the EU, but is an independent, self governing dependent territory of the English Crown, and is not part of the UK and maintains special tax laws for international investors….basically none)

(rated BEST OFFSHORE FINANCIAL CENTRE 2006)

The Investment vehicle: OFFSHORE LIFE ASSURANCE INVESTMENT BONDS

The Company? Voted Best as well, in every major aspect, 7th largest investment group in Europe.
Write me!
PS NO DIRECT ACCESS TO THESE PRODUCTS, ONLY THROUGH PROFESSIONAL INTERMEDIARY’S, these are not Accountants or Lawyers but Professional Financial Intermediary’s, ONLY FOR EXPATS, NON RESIDENT US CITIZENS; FULLY LEGAL

Hope this may be of interest to your readers Simon.

Reply

36 terricasey November 9, 2009 at 3:12 pm

please send some names of internationally minded tax people.. i have 2 properties in argentina, one more owned partially by my sep ira also in argentina and two passports US and Ireland.
Thanks

Reply

37 ok January 6, 2010 at 4:31 pm

simon- when will we be hearing about this?

Reply

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