Overseeing a company is the term used for a company that is regularly registered in a state with an administrator or foreign members in the state of registration
The companies registered or administered by foreign persons to the State in which the company is registered can not be considered international but rather, by some States, are considered belonging to the nationality of the Shareholder or the Director (Director) and therefore subject to taxation of that State regardless of whether the staff or offices are actually located in the registration country, highlighting the obvious overshoot.
It is a situation that often puts in contrast various laws of various States where there is a treaty of tax reciprocity and that very often obliges us to intervene with the legal offices in order to demonstrate that they did not want to tax the tax or have used a means to pay less taxes.
The law does not prevent a citizen of a State from being able to hold prestigious positions or establish foreign companies, provided he can demonstrate the non-intention in the tax avoidance of his country often dictated by the lack of employment or the failure of his company , with the firm will in wanting to start again in different ways and in places where the business feels more free of laces and laces imposed by its own government.
Often, for the registration of companies LTD, the use of nominee and that is to say replacement characters belonging to the State of registration of the company, which can certainly put a stop to all the tax disputes that could arise, but the central problem remains the fact of entrusting and registering their company in the name of perfect strangers, who, if administrators will carry out a power of attorney and if shareholders will hold a trust agreement allowing us to manage our business with the utmost freedom but paying obviously a surcharge on the cost of registration of the company.
The best solution that has always been recommended is the obtaining of a real foreign residence and the registration to the AIRE or other office in charge of tax transfer and the declaration of effective foreign residence, awaiting the new citizenship from which it will be possible to decide whether renounce the initial membership or keep them both provided you have to overcome the 180 days outside your country and the actual separation from the stocks of belonging (the taxman is attached to everything so as not to give up on taxes).
The transfer to other countries is therefore in itself the best solution that demonstrates the real will in the separation from the country of birth in order to work in the country of new residence to which personal taxes will be due and those of the company will be paid to the State of registration without any problem.
Overstation is often also dictated by the location of the company website, where for many consultants the country where it is registered and by whom it is registered is not important, but for the tax office it is already an opportunity to consider the foreign-dressed and stable organization thus attributing it to 100% as a recognized company belonging to its own state.
It is therefore advisable to be careful and remember to register the website with the maintainer and provider of the company's registration state or members of a different nationality from that of personal belonging, trying as far as possible to use multi-language and never the only language of belonging original in order to avoid in advance a definitive point in the overshoot.
It is important to keep in mind the difference that exists between a legal residence and a tax residence for a company.
The company, for example, may be registered in Spain but operate with its headquarters in Great Britain in London, where all contracts and invoices will be issued in the latter place for business reasons; this will determine that the registered office of the company is in Spain but for the tax residence, the taxes will have to be paid in Great Britain thanks to the double taxation treaties that often some States try to evade by having a very aggressive taxation.
The loss of personal tax residence in compliance with the law and without risking disputes with the tax authorities of the country to which they belong does not consist in moving their residence to another state with more advantageous taxation, but in putting the right requirements for real emigration can not be absolutely challenged (they will try the same).
First of all, you have to be able to demonstrate to the State of destination, to be economically self-sufficient, to obtain a tax allocation number, to have a real and not convenient rent contract as we will be subject to police control, open a bank account and enroll in AIRE, live abroad with your family for more than 180 days and pay taxes in the State of new domicile and residence.
This will allow us not to see your own esterovestizione company branded, to pay taxes ONLY in the country in which we have actually moved and to interrupt any relationship with the tax authorities of the State of departure, jokingly it is said that it is easier to divorce from one's wife that from the tax authorities.
Even the mere fact of having moved on your own and having left your family (wife and any children) in the country of birth, can give rise to legal disputes with the tax office to which we were bound, because they will also examine the emotional bond that it might seem like a trick to evade taxes and not a reason to start and start life in another place.
So, never sign a contract in the country of origin but always sign it and date it in the tax office of your company, never try to manage the company from the country of birth but always manage it transparently or from other countries or in the country where the direction is placed and administrative offices and above all, to think seriously about moving to avoid incurring tax issues
The solutions to realize one's dreams exist but, one must not improvise and rely on consultants with proven experience