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Which Entity Will Drive More Efficient Operation - HK or Offshore Company?
- Company Setup -
Which Entity Will Drive More Efficient Operation - HK or Offshore Company?
Are you struggling with setting up a HK company or other offshore company like Seychelles, BVI, Marshall Islands, Cayman Islands, etc.? That’s right, here we will give you some important clues to examine which type of entity is the right fit for you.
In fact, there could be plenty of obscure elements that people might easily neglect - it is not only about which type of company you are going to form but also what kind of business activities your firm will involve, where will these activities host, where will your profits generate from and do you need a HK bank account, etc. Let us show you an interesting case study for you to dig deeper :
[Based on Client’s Life Experience]
Alec (alias) is a start-up founder of a tech company that is based in the UK. He first came to us because he and his partner would like to set up their business here in HK as a gateway to open their potential Asian market. His big question is he is kind of wavering between a HK limited company vs. other offshore company as his final choice, therefore we came across the following questions with him to guide him through the decision making process :
*Q1 : “Does your business have any (and we meant ANY) activities that would take place in HK?”
>> Answer: If your business does NOT hold any activity or does NOT have any profits generated here in HK (e.g. your sales contracts should be negotiated and concluded with suppliers outside the city), this kind of business operated wholly outside HK could be suitable to get registered in offshore jurisdictions like Seychelles or BVI, with different well-known merits like easier to achieve privacy protection, no restriction on director, etc., although they do have manifest weaknesses such as flimsy impression your clients might get. However, if your business has some kind of involvement in HK, then we would recommend you to set up a HK company, as any profit-generating activities in HK will be liable to HK Profits Tax and it is the owner’s obligation to report to the HK Inland Revenue Department (IRD). Forming a HK limited entity would be more suitable if so.
For Alec’s case, he predicted most likely his business would be operated completely outside HK, but since he knew HK company earns a higher reputation standing compared with other offshore jurisdictions, he preferred to start a HK entity. He also learned from us that it’d be easier for a HK firm to enter into China market with CEPA benefits available
*Q2 : “Do you need to open a bank account in HK?”
>> Answer: Same as many other international businessmen, Alec loved HK’s stable monetary system a lot, and he’d like to make use of its well established, secured financial infrastructure and free flow of capital to help his business grow (also serves as a perfect spot to receive multi-currency payment from clients especially when he planned to develop the business in mainland cities at a later stage). That’s why we had recommended him to establish a HK company in order to facilitate the bank account opening process, as based on our experience over these years, the opening success rate is relatively higher if you own a local company, particularly for foreign entrepreneurs.
*Q3 : “How your tax arrangements would be?”
>> Answer: This is a question you MUST pay attention to! As known, an offshore entity is easier to get tax exemption if the business is completely operated offshore. It is also not required to prepare audited financial reports generally. Whilst in HK, the corporate Profits Tax rate is 16.5% on average, though it is a very low rate among the global market. One point you might need to keep in mind is that if you find all your profits are not derived from HK after your HK company has operated for some time, you can apply for Offshore Claim to try getting tax exemption in HK.
Alec did that after his company had operated for around 1.5 years. Since we were appointed as his tax representative, our tax specialists were able to help him handle all tax reporting issues in HK (including but not limited to the filing of Profits Tax Return when his firm’s tax exemption status was not granted yet) as well as the Offshore Claim to the IRD. Actually, once an Offshore Claim is filed, the IRD would request much more detailed information, and the applicant needed to be very well prepared for answering those questions within the given time period. Freeing our client’s hassles, we’ll manage the whole application process including all correspondence with the IRD to provide the appropriate information and data that they require.
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All in all, BRIDGES’s mission is to help our international clients like Alec to pick the most suitable vehicle for their business here, thus their company would be able to maximise its profits and efficiency while saving unnecessary cost and time.
The above three questions are some significant ones for you to examine yourself, yet there are always exceptional cases so you can always check with our advisors for more guidance before you decide which entity type to go for. Give us a call at +852 2159 9666 or email info@bridges.hk for a thorough consultation.