International

Offshore

Our dedicated Offshore team provides expert legal advice tailored to businesses, investors, trustees, and high-net-worth individuals.

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The team includes lawyers with direct experience working offshore, giving us a deep understanding of both UK and offshore markets. This enables us to help you seize opportunities, manage risks, and ensure a seamless onshore/offshore experience, all while delivering excellent service.

Offshore regions - including jurisdictions and territories such as the Channel Islands, Isle of Man, Cayman Islands, Bermuda, and the British Virgin Islands - play a pivotal role in the global economy. These jurisdictions are renowned for their strong regulatory environments, tax advantages, robust financial services sectors, and sophisticated legal frameworks, attracting significant international investment and business activity.

Whether it's structuring funds (including alternative investment vehicles) or, investments as tax-efficiently as possible, setting up offshore trusts and structures for wealth planning and succession, or managing the risks involved in complex onshore/offshore disputes, we have the expertise to handle even the most challenging matters.

At Howard Kennedy, we are more than just lawyers - we are trusted partners who speak your language, understand your challenges, and deliver effective solutions.

We specialise in advising clients with foreign connections, whether they are overseas resident or otherwise, helping them fully leverage offshore structures such as trusts, foundations, and corporate entities for tax planning and asset protection. Offshore structures can offer significant advantages for clients seeking tax efficiency, and we ensure these entities are structured to align with your goals and optimise your tax position.

 

FAQs you might have: 

  • What tax planning support do you offer for individuals entering or leaving the UK?

    We provide strategic advice on residence status for UK tax purposes and specifically, for pre-arrival tax planning.  This includes advice on long term residence (LTR) status for UK inheritance purposes and the four-year foreign income and gains (FIG) regime for income and capital gains tax. Our aim is to help you structure your affairs efficiently and optimise your tax position before arriving in or departing from the UK.

  • When should I seek advice on UK tax matters related to relocation?

    Ideally, as soon as possible before your move. Early planning allows you to take advantage of available reliefs, avoid unintended tax consequences, and ensure your financial arrangements are aligned with UK tax rules.

  • What are the key due diligence requirements for setting up an offshore entity?

    Due diligence typically involves verifying beneficial ownership, assessing the source of funds, and ensuring compliance with international anti-money laundering (AML) and other regulations. Our team helps you to ensure your offshore entity meets all regulatory obligations from the outset.

  • What compliance challenges might I face with offshore entities?

    Common issues include maintaining accurate records, meeting tax filing and entity registration obligations, where relevant, and adhering to international reporting standards. We help you navigate these requirements to keep your structure compliant and efficient.

  • Do you advise on trusts and related matters?

    Yes. As well as advising settlors on establishing trusts and other structures, we regularly advise trust companies on tax, compliance, structuring, dispute resolution, and complex problem cases. Our litigation team is experienced in handling breach of trust, fraud, and professional negligence claims.

  • What are the benefits of using offshore structures for wealth planning?

    Offshore structures such as trusts, foundations, and corporate entities offer tax efficiency, asset protection, and succession planning advantages. We tailor these structures to align with your goals and ensure they are compliant and effective.

  • What are the advantages of using offshore structures for REITs?

    Offshore structures can offer tax exemptions, capital gains benefits, and enhanced confidentiality. They also provide flexibility for global real estate investment. We advise on structuring REITs to maximise both tax and investment outcomes.

  • What legal considerations apply when structuring a REIT offshore?

    Key considerations include tax treaties, beneficial ownership rules, and compliance with local and international laws. Our team ensures your REIT is structured to minimise risk and meet all legal requirements.

  • What should I do if my offshore entity faces legal issues?

    Start by assessing the nature and risks of the issue, including reputational impact. We provide tailored solutions to resolve disputes, manage compliance breaches, and protect your assets with minimal disruption to your business.

  • Are offshore structures suitable for digital assets?

    Yes. Many offshore jurisdictions offer favourable environments for digital asset businesses, including supportive regulations for cryptocurrency and blockchain. We help you structure entities to optimise compliance and investment potential.

  • Can I buy property in England using an offshore trust?

    Yes, it is possible to purchase property in England through an offshore trust. However, you will need to comply with the relevant legal and regulatory requirements, including the Overseas Entities Register and other applicable obligations. Our team can guide you through the process to ensure full compliance and a smooth transaction.

  • How can I ensure compliance with international regulations?

    Staying compliant requires up-to-date knowledge of global tax laws, AML standards, international information sharing obligations (e.g. FATCA and CRS) and data protection rules. We work closely with you to ensure your offshore structures meet all current regulatory requirements.

  • How do the offshore jurisdictions we work with differ in their regulatory frameworks?

    Each jurisdiction offers unique advantages—such as favourable tax regimes or flexible, but robust, reporting standards. We help you compare options like Luxembourg, Mauritius, and Bermuda to select the best fit for your investment and protection needs.

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