Cosa è una residenza Fiscale ?

La residenza fiscale è il “luogo in cui la persona ha la sua dimora abituale” mentre il domicilio fiscale è il luogo stabilito dalla persona, come sede principale dei suoi affari e interessi e come luogo per ricevere la notifica di tutti gli avvisi e comunicazioni ufficiali dell’Agenzia delle Entrate.

Perchè è vantaggioso chiedere una residenza fiscale ?

È vantaggioso possedere una o più residenze fiscali per la possibilità di gestire un´attività offshore o differenti attività offshore coordinandole con il fisco più idoneo a quella attività. Non è una semplice questione di pagare più o meno imposte, ma di poter avvantaggiarsi di Free Trades, sotto forma di convegni, trattati di libero scambio e anche imposte differenti e spesso pari a Zero. Per il soggetto provato invece , una residenza fiscale gli permette di decidere dove essere tassato ed in base a cosa, ritenendo un luogo più opportuno rispetto ad un altro.

Devo aprire una società per fare la residenza a Panama ?

lL convegno a cui, voi, come italiani vi rifarete per chiedere la residenza permanente a Panama si chiama ” Trattato di Amicizia ” in termini gergali e ufficialmente ” Convegno di Commercio e Navigazione Panama Italia”. Come noterete il nome legale fa enfasi sulla parola commercio e navigazione. Il convegno fu creato per garantire due cose : la residenza e poi la cittadinanza a Panama degli Italiani. Per ottenere la residenza e poi avere diritto alla cittadinanza, gli Italiani devono dimostrare un legame ” Commerciale” con la repubblica di Panamá. Questo obbliga all’ apertura di una società di cui voi siate unicamente i veri proprietari e unici azionisti ( o azionisti al 50%) di una società, una e una sola .Questo requisito spesso viene non compreso o volutamente omesso da advisor da strada, come chiamati a Panama, ovvero le ultime risorse che cercano clienti , il cui scopo non è di garantire un procedimento legale di trasferimento a Panama, ma lucrare sulle spalle dei poveri clienti che per risparmiare sulla società accettano il rischio . Cosa succede ? Essenzialmente il cliente non paga la società, ma solo il procedimento legale per l’ ottenimento della residenza . Il suo advisor forse solo una front page di qualche studio legale poco fortunato, utilizzerà una società riciclata centinaia di volte cambiando le azioni della stessa a nome dell’ ultimo malcapitato. Il malcapitato procederà all’ ottenimento della residenza che inizialmente gli verrà fornita. Dopo 1 o due anni a una consueta revisione della migrazione, si scopre che la stessa società di cui il cliente non ne sapeva nulla viene messa in black list per i troppi casi di clienti divenuti residenti tramite la stessa residenza . Il risultato , annullata la residenza, e impossibilitato a riottenerla per il resto della sua vita. Peggio se si arriva allo scadere dei 5 anni, e alla richiesta di cittadinanza si effettua la revisione dei requisiti passati e si scopre se non si è fatto prima il caso di negligenza voluta ma occultato al cliente. Ecco quindi un tipico caso di ” offerta last minute” in cui cadono in numerosi.

Private foundations in Panama

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Private foundations in Panama
- Private Interest Foundations in Panama : Origins
  - Establishment of Private Interest Foundation in Panama
  - Legal Basis of Private Interest Foundations in Panama

Full and certain protection against unpredictable life events, such as death (will), successions, divorces, attacks by the tax authorities (judicial seizures and foreclosures for example), fatal accidents (deaths at work due to negligence, hitting a pedestrian with a car by mistake, sell a wrong drug, etc.)
It allows you to open accounts in the name of the same foundation anywhere in the world
Accepted and well liked all over the world, also in Italy, as a white list
It should be opened with a professional, who knows how to redeem it and structure it for your benefit
Written in Spanish and can be requested with an additional cost in any other language
It can be opened remotely from your home by contacting us
It can act as the sole shareholder of a Panamanian company and any other offshore company to create an additional veil of secrecy on the real ownership of the company
It can operate as an NGO, and as any other non-profit organization
Accept donations for non-profit "purposes".

Studio Panama Italia , offers a wide range of private interest foundations, including Private Interest Foundations in Panama. We open Panama Private Interest foundation legally and respecting both Panamian legislation and US/EU and Italy Legislations. Studio Panama Italia, is a leader in Private Interest Foundation Management , managing more than 4000 Foundations at the date. Panama offer one of the best Private Foundation legislation. Panama besides its tax residency is known for its private foundations, better known as the Panama Foundation. Private interest foundations in Panama, also known as Private Interest Foundation (PIF), are a type of entity, which is a cross between a trust and a Panama corporation, however, it is neither. A Panamanian private interest foundation is an entity that is different from any other known legal entity in Anglo-Saxon or Roman law, because it is not the legal personification of a person or group of people (as with a corporation), but is a legal person that it has no owners (shareholders, participants, or associates), and traditionally has a specific purpose to benefit a general group of individuals, usually families and private citizen interests. You can save your money and your time, incorporating a Private Foundation with us .

Private Interest Foundations in Panama : Origins

The concept of “Private Interest Foundation” began when the Principality of Liechtenstein created the “Personal and Company Law” on 20 January 1926 (Personen und Gesellschaft Recht – PGR), which created the “Family Foundation ”, (for the private benefit of the members of one or more families) and the “Mixed Foundation” (for the private benefit not only of families, but also of other people or institutions).

Historically, wealthy families in Europe have set up Family Foundations established in the Principality of Liechtenstein (a war neutral jurisdiction, etc.) for estate planning needs, to ensure the safe transition of assets to family beneficiaries. Today, Liechtenstein foundations can cost up to $25,000 Euro/Dollar to incorporate and up to $10,000 Euro/Dollar a year to maintain.

Establishment of Private Interest Foundation in Panama

The foundations of private interest (PIF) Panamensi have been established in Panama with law 25 of 12 June 1995 and since then they have become a great legal tool both to hold and to protect goods.

Private interest foundations in Panama cannot engage in commercial activities, although they may own investments such as real estate, company shares or bank accounts. Private interest foundations must be kept in good standing every year as with any company.

Protection and Secrecy

You can protect everything under an unquestionable veil of privacy and not subject to any exchange of information.

You are in control of everything

Unlike a Trust where you do not have control of the times and movements and of the instrument itself, in the foundation you will be the one to handle accounts and transactions as only you will be the real final beneficiary

Low setup costs

The cost of access is really low considering that outside Panama many jurisdictions such as Switzerland, Singapore etc have costs exceeding 20k for a private interest foundation. In Panama it does not exceed 5000 USD.

Judicial seizures

Failure by judicial seizure orders to find a legal basis for attacking a foundation

divorces

One of the major uses of a private-interest foundation is to donate property subject to ex-spouses claiming access or possession. Once transferred to the foundation by notary deed, bank transfer, etc., the assets automatically become inaccessible and cannot be attacked by the former spouse.

BENEFITS

By law, the assets of the Private Interest Foundation are not subject to seizure by acts of its founder, board members or beneficiaries
Great for family heritage structures
It is a combination of a foreign trust and a foreign company
Unlike a Company, the Private Interest Foundation has no owner, but a founder (the grantor) and the beneficiary

A person (natural or legal) named Founder, “creates” a legal entity, to transfer assets (real estate, shares, accounts, crypto, intellectual property, etc.) into it, so that in turn, this legal entity manages with "council" such assets, in favor of certain beneficiaries, appointed with a private deed called "statute". This entire structure is established in a public deed called the "Charter of Foundations" jointly with a private one called the "Regulation or Statute". Furthermore, the person establishing the private foundation (founder) can be simultaneously: board member and beneficiary, granting the possibility of different types of asset protection or hereditary structures with a Private Interest Foundation in Panama.

Furthermore, a "protector" (professional, trustee, lawyer or similar) may be appointed for the execution of the statute of the Beneficiaries. After proper training, the client could initiate the process of transferring assets or opening a bank account on behalf of his Panamanian private foundation.

Legal Basis of Private Interest Foundations in Panama

Country code: PA

Legal basis: Civil law

Legal framework: Private Interest Foundations Act, 1995

Regulatory Council: Panamanian Government Public Registry

Entity: Private Interest Foundation

Responsibility: The assets and resources of a Private Interest Foundation of Panama constitute an independent patrimony from that of the Founders, the members of the Foundation Board, the Protector and the Beneficiaries.

Assets: The minimum contribution to the Panama Private Interest Foundation cannot be less than US$10,000, in assets or cash, and may be denominated in any legal currency. The foundation can be established without assets, provided there is a commitment to transfer the assets after the establishment of the foundation.

Founder: The Founder of the Private Interest Foundation of Panama is the person who submits the articles and registers the Foundation in the Public Registry of Panama. The founder cannot influence the control of the Foundation

Board of Trustees: Similar to a board of trustees, a Panama Private Interest Foundation requires 3 board members, President, Secretary and Treasurer. The members of the Board of Trustees of Panama can be individuals or legal entities. If a legal entity, only one board member may suffice.

Board members are each recorded in the public register with their names, addresses and identifications. Nominating board members are eligible.

Protector: The protector is the one who ultimately controls the Private Foundation in Panama and all of its assets and is appointed by the Board of the Foundation, which can be done privately through a Private Protectorate Document, so his or her details are not disclosed to the public. Once appointed, the Protector has the power to remove or replace council members at his discretion. The Panama Foundation may decide not to use a protector. Applicants are available.

Beneficiaries: The beneficiaries of the Panama Private Foundation are appointed by the protector through the Foundation's Articles of Association. The privacy and confidentiality of the beneficiaries are guaranteed as the charter is private. The foundation in Panama can establish the Protector as the sole beneficiary until death, after which the foundation can continue for the benefit of other beneficiaries.

Right to information of beneficiaries: The rights of beneficiaries are established by the statute of private interest foundations in Panama or by resolutions of the interest foundation board in Panama. Furthermore, any beneficiary of the foundations of interest in Panama who suffers a violation of his rights by the protector, the foundation council or other supervisory body, can directly appeal to the judicial authority before the competent court in the domicile of the foundation.

Letter of Intent: The Letter of Intent is a letter written by the Protector, stating how the assets are to be managed, distributed, and whether the Private Interest Foundation in Panama will continue to exist or will be dissolved upon the death or incapacity of the Protector. The letter of Intentions or Wishes may be kept privately or publicly registered and may be modified at any time at the discretion of the Protector of Private Interest Foundations in Panama.

Statute of the Foundation: In addition, the Private Foundation in Panama can establish a Statute, which has the same functions as the Letter of Will, if the interested parties wish to have a more formal testamentary deed of the Panama Foundation, written and signed by an attorney. This is not mandatory, as a letter of intent and the statute itself are legally sufficient.

Registered Agent: Panamanian foundations must have a Panamanian registered office address and appoint a Panamanian agent, who must be a lawyer or law firm and must countersign the Panama foundation charter prior to its registration in the public register.

General Assembly: The annual general assemblies of the members of the Board of Private Interest Foundations in Panama are not mandatory. However, if meetings are held, they can take place anywhere in the world and by any means. Resolutions adopted are valid regardless of whether they are signed on different dates or in different jurisdictions.

Redomiciliation: Redomiciliation of private interest foundations in Panama from other jurisdictions to Panama is permitted, as well as the migration of Panamanian foundations to other countries.

Mergers: It is not possible for a Panamanian foundation to merge with other entities.

Charitable/philanthropic purposes : Allowed.

Electronic signature: allowed.

Compliance: Since 2017, Panama Foundations must maintain accounting records and underlying documentation, which must be available for 5 years. Records may be kept at the office of the resident agent in Panama or at any other location determined by the board members. Foundations are not required to file accounts, annual returns, or tax returns, provided they do not hold assets or conduct business in Panama. For more information on Foundations go to Our FAQs

For more information on private interest foundations in Panama read our section on asset protection

The official gazette on private interest foundations in Panama