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WHY
PANAMA?
Where
is Panama?
The
Republic of Panama lies in Central America between
the Caribbean Sea and the North Pacific Ocean.
There are land borders of with Colombia on the
west and with Costa Rica on the east. The land
area totals 75,990 sq km. The capital is Panama
City and the country is divided in 9 Provinces,
namely, Bocas del Toro, Chiriqui, Cocle, Colon,
Darien, Herrera, Los Santos, Panama and Veraguas.
Topography
is varied. You will find mountains towards the
Caribbean coast, while small hills and vast plains
towards the Pacific side. The climate is tropical
with prolonged rainy periods between mid April
and mid December. There is a brief dry season
between January and mid April.
The
highest point is Volcan Barú in Chiriqui at 3,475m
above sea level, from where you can see both Oceans.
History
On
October 10, 1502, Christopher Columbus discovered
the Isthmus of Panama. Several weeks later he
came upon a beautiful protected bay, which he
baptized with the name Portobelo. It was
on Panamanian soil that Spain founded the first
city on solid ground: Santa María la Antigua del
Darién. On September 25, 1513, Vasco Núñez
de Balboa discovered the southern sea and connected
the Pacific Ocean with the Caribbean Sea for the
first time, forever sealing Panama’s fate and
strategic importance as the bridge of the world.
In
1821 the isthmus seceded from the Spanish crown
and became part of Simón Bolivar’s Gran Colombia
and on November 3, 1903 seceded from Colombia
aided by the Government of United States of America
and became an Independent sovereign country.
Today
Panama is known for its natural beauty, great
fishing, numerous beaches, and the more than one
thousand paradise islands that make up its archipelagos
and for its friendly, festive and hospitable people.
The magic that captivated adventurers over
500 years ago still awaits anyone who wants to
experience Panama.
Tax
Regime
Panama
has a Tax System that is based on the Territorial
Principle of Taxation. This principle that Panama
has embraced means that only Panama-sourced income
is taxed.
An
entity or an individual which has its activities
or assets outside of Panama will automatically
escape taxation. On the contrary, an entity or
an individual which engages in a business activity
within Panama, receiving Panamanian sourced income,
will be subject to pay taxes annually.
There
are more than 300,000 corporate entities in Panama,
of which the majority operates 'offshore', meaning,
outside of Panama.
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Double
Taxation Treaties
Since Panama does not levy taxes on foreign
source income, it has no double taxation treaties.
However, some bilateral agreements have
been entered
with some countries to avoid taxation of
income from international maritime and air transportation.
·
Other
International Agreements
Mutual Assistance Treaties:
Panama has concluded mutual legal assistance treaties
with the US, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua and Colombia. The treaties
operate at the administrative level: in other
words, Court procedures are not required, although
there is an appeal procedure. The treaties
cover serious international crimes, but do not
include tax matters. The Panamanian authorities
do not entertain requests for information on fiscal matters.
Free Trade Agreements
At the conclusion of the fourth Taiwan-Latin American
leaders' summit in Taipei in October, 2003, the
Presidents of Panama and Taiwan signed a
Free Trade Agreement that has already entered
into effect and makes provision for greater market
access between the two nations, as well as
reduced duties on agricultural and industrial
products, investments, services and telecommunications.
A trade agreement between the United States
and Panama is being negotiated at this time.
Additional agreements are in force with
El Salvador and Singapore, while another
is being negotiated with Chile.
Doing
Business in Panama
Since
its independence, the Republic of Panama has enacted
a number of laws intended to promote foreign investment
in the country. The following are some of the
more important aspects of the legal regime related
to foreign investment in Panama.
Offshore Corporations
In
1927, the National Assembly enacted Law Nº 32,
which governs Panamanian Corporations. This law
remains in force with some Law Decrees and Executive Decrees that complement it.
The anonymity of the shareholders of a
Panamanian Corporation is an essential condition
that makes this vehicle so appealing to foreign
investors. The only legal
way to disclose the shareholders of a Panamanian
company is if the company is involved in money
laundering, a procedure that is in compliance
with international
anti-money-laundering standards.
Free Trade zone
The
Colon Free Zone was established in 1948 and it is
the second largest Free Zone in the world, next to
Hong Kong.
The Free Zone is located in the city of
Colon at the Atlantic entrance to the canal, and
has been extremely successful - more than 1,000
companies are established there, shipping more
than $9 Billion of goods annually.
All kinds of processing and manufacturing
are permitted within the Free Zone, while
administration can be conducted from inside or
outside the zone.
Location is one of the main keys to the
enormous success of the Colon Free Zone. Its proximity
to the markets of the Pacific, to North America
and its relative proximity to Europe make it an
ideal hub in this age of globalization of the
world's economy. To this end the Zone is constantly
reconstructing and modernizing warehouse,
shipping and transit systems for all types of
merchandise, keeping one step ahead of modern
technology and always ready to offer the best multimodal
services.
Advantages:
The Colon Free Zone has a number of
elements which support commercial activity on such
different levels as transport and financial
operations.
- Panama
operates four international airports and five
seaports with every modern cargo handling facility.
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- Freight
moves by air, land and sea. Every year, over 13,000
cargo vessels cross the Canal under the flags
of over 84 nations. Many of them stop for cargo
and buy their supplies from handlers operating
from The Colon Free Zone.
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- More
than 35 international passenger and cargo airlines
use the Tocumen International Airport. The majority
share in the cargo generated through The Colon
Free Zone.
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- Finally,
Panama's International Banking Center with over
70 banks from around the world, with deposits
totaling US$35 billion is a great advantage. About
twenty banks have branches within the Free Zone
itself.
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All of these advantages, together with
the American Dollar as national currency, make
an ideal climate for international commerce. A
modern communications system and an efficient
tourism service add to the facilities enjoyed
by the Colon Free Zone Users.
Banking
The
Panamanian banking industry, next to Switzerland,
is one of the most important in the world and
particularly in the region. It grew during the
last quarter of the 20th
century into a regional banking center for Latin
America and the Caribbean, due to a variety of
factors including the absence of exchange controls,
the rapidly increasing volume of trade being conducted through the country
(and through the Colon Free Zone in particular),
liberal banking legislation and tight secrecy provisions.
At the end of 1997 more than 100 banks
were licensed in Panama, from more than 20 countries
and with assets of about $23 Billion, but after
September 11th, many
closed their offices, leaving a still impressive
figure of over 70 Banks, of those, 38 banks have
General Licenses, 36 have International licenses;
and there are 5 representative offices. Branches of major
international banks are particularly welcome as
they will be able to offer not only traditional
retail banking, but also
services such as investment management,
back-to-back loans and documentary credit facilities,
credit card services and Trust management.
Only banks with General Licenses will have
any tax liability in Panama, and then only in
respect of Panamanian income.
Family assets, Inheritance
Goods
acquired through succession or inheritance are not
subject to inheritance tax in Panama, so
investments in panama may pass fully to the heirs.
Private Foundations and Trusts
Panamanian
private foundation structures allow the founder
to give his heirs more direct access to de assets
they are entitled to. The assets of a foundation
may be donated by the founder; these assets are not part of the state
and are not subject to probate procedures. These
assets are separate from the personal assets of
the founder or his beneficiaries.
Panamanian trusts have a similar structure;
and assets belonging to the trust that are located
abroad are not subject to tax in Panama.
Immigration law
Panamanian
immigration law provides for a list of visas that
allow the bearer to reside in Panama and to obtain
a Panamanian personal identity card (cédula).
Foreigners can apply for example for a
“solvency” visa. As soon as the person submits
evidence of an account in Panama the immigration
authority grants him a
visa that may be renewed until can obtain
a cédula. There are also visas available for investors
and small investors with the same rights.
For persons interested in coming to Panama
often but without being considered for permanent
residence, there are multiple-entry visas. As
with temporary visitors, they allow the bearer
to stay in the country for five years.
It is possible for a foreigner in Panama
to change his or her status (for example from
temporary to immigrant with right to a cédula).
WHY
PANAMA THEN?
- The
legal tender is the US dollar as Panama's
official currency.
- Panama
offers low taxes and favourable investment and
financial incentives.
- Unregulated
money exchange and unrestricted movement of
capital.
- No
tax liability on interest earned from bank
deposits or CD'S held in banks located in
Panama.
- Import
and export of goods and merchandise.
- An
attractive fiscal structure that operates on
the "local source income" principle,
meaning taxes are levied only against income
generated by operations conducted in the
territory of Panama.
- Strong
bank secrecy laws.
- The
best corporate book secrecy laws in the world.
- "Piercing
the Corporate Veil" is not a principle
contemplated in Panamanian Law.
- Panama
has no mutual legal assistance treaties
(MLAT's) for sharing of banking information
with any other nation and does not recognize
court rulings from other countries.
- Panama
Corporations offer "Bearer Shares",
for shareholders to maintain complete
anonymity and privacy.
- Panama
Private Interest Foundations allow for Private
Protectorate Documents and Private Letters of
Wishes, enabling controllers (Protectors) and
beneficiaries of foundations to remain
completely anonymous and private.
With
all this advantages is no wonder why over 70 banks
and foreign companies have chosen Panama as their
strategic base of operations for the Latin American
region!
You
don't even have to come down to Panama! You just
place the orders
and we'll do everything for you, however, we strongly
recommend that you visit this very beautiful country
and see for yourself why people from around the
globe prefer Panama as a tourism and retirement
destination.
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