Panamanian
Trusts
According to article 694 of the Fiscal Code, the income earned by
any person, either an individual or corporation, from sources outside
Panama, is exempt from taxes. Legislation expressly provides that
the following transactions are not subject to income tax in Panama:
-
Invoicing to a company abroad (from an office in Panama), the sale
of goods for an amount greater than that at which said goods were
invoiced to the office located in Panama, provided those goods are
handled exclusively abroad.
- Dividends from income earned by a company when produced or earned
abroad.
- Directing
or managing (from an office in Panama) operations and transactions
that are executed, completed or take effect abroad.
The most important features of the Panamanian trust are:
- Trust
is created in a private document, with the only formality that signature
of settlor and trustee must be authenticated by a Panamanian Notary,
guaranteeing its confidentiality. It is not necessary that the trust
be executed in a public deed or be registered in any public register
unless real property located in Panama is given in trust.
- Article 37 of Law No.1 expressly guarantees confidentiality for
its execution. It provides that trustee, representatives, employees
or any other person involved in its execution must uphold the secrecy
of the operation. Violation of this provision is penalized with
imprisonment of up to six (6) months and a fine of up to US$50,000.
- Trust
is not perpetual unless so stated by settlor. Trust should have
its duration expressly stated. It may also be revocable or terminated
before its expiration if it is so provided by the settlor in the
trust agreement.
- Trust can contain any lawful clause as settlor may need. According
to articles 5 and 9 of Law No. 1, trust may be created for any purpose
not contrary to the law or public policy.
- Both settlor
and trustee and/or beneficiary may be a corporation. They do not
need to be individuals.
- Tax principles:
The Law expressly states that the acts of executing, modifying and
terminating a trust as well as the transfer, conveyance or encumbrance
of trust funds and the income or interest produced by assets and
properties given in trust are exempt from all taxes, contributions,
assessments or encumbrances, provided trust involves the following
assets:
1. Interest paid
by banks located in Panama to their customers for savings accounts
and time deposits kept in Panama;
2. Salary/fees
earned by Directors, Officers and Executives of Panamanian corporations
located abroad.
These benefits
have made of Panama the tax haven that it is today and the reason
why others from the region have tried to imitate us.
Contact us: info@panamalegalconsultants.com
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