Monaco is an anomaly – a tax haven for private individuals, but not an ‘offshore’ jurisdiction in the usual sense, since most companies incorporated there are subject to local corporation tax. The most popular types of company incorporated in Monaco by international entrepreneurs and foreign companies are i) the General Business Corporation (GBC), also called the Societe Anomyme Monagesque (SAM) and ii) the Branch Company. The following information will help you determine whether Monaco company formation is the optimum corporate structure to fulfill your business objectives: |
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| Advantages of Monaco Company Formation | |||
| 1. | A Monaco General Business Corporation (GBC) is permitted to conduct business both onshore in Monaco and offshore, making it a flexible solution for international entrepreneurs. Although a GBC conducting business offshore is subject to profits tax (see Disadvantages below), this entity is an excellent solution for entrepreneurs looking to conduct business and reside in Monaco because i) if a GBC makes more than 75% of its sales within Monaco, it is legally exempt from profits tax and ii) there is no personal income tax in Monaco, making it an attractive location in which to live. |
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| 2. | Even if a Monaco company is liable to pay profits tax, it can legitimately mitigate these obligations by paying out all profits as salaries or management fees. |
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| 3. | As a principality of France, Monaco is part of the EU customs zone, even though as a Principality Monaco is not technically part of the EU. Thus, a Monaco GBC enjoys access to EU customs advantages. |
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| 4. | In addition to resident Monaco GBCs, foreign companies choose Monaco company formation as a tax-efficient base for operations which make no sales (for example, an administrative or management base). A Monaco company which makes less than 25% of its sales outside Monaco is legally exempt from profits tax, making it an ideal jurisdiction for a Monaco Branch Company. |
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| 5. | Monaco is a regulated, stable jurisdiction with an established judiciary, giving international investors long-term security. Monaco is a private jurisdiction, and refuses to cooperate with the Organisation for Economic Cooperation and Development (OECD) on sharing investors' fiscal information with other governments. France is positively ranked as the 19th least corrupt country in the world, according to the 2007 Corruption Perceptions Index by Transparency International, a global measure of corruption amongst public officials and politicians. |
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| Disadvantages of Monaco Company Formation | |||
| 1. | Because of complex and lengthy government approval procedures, Monaco company formation takes up to six months. Companies being set up to conduct activities such as commercial banking, investment management, notary services, legal services, architects, certified public accountants and insurance companies are subject to additional approvals. Most entrepreneurs engage the services of Healy Consultants, who will efficiently handle all government approvals, as well as liaise with local Monaco notaries, who have the exclusive authority to legally register Monaco companies. |
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| 2. | The Monaco government closely vets prospective investors and companies. Under the terms of its license, each company must abide by stringent operating restrictions including i) the company must carry out only the narrow band of activities for which it is licensed ii) the company must have physical premises and staff in Monaco and iii) occasionally a company will be subject to performance targets set by the government. Failure to abide by the guidelines above may result in the operating license being revoked. |
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| 3. | Monaco company formation is also expensive. For example, a GBC has a minimum capital requirement of 150,000 Euros (US$230,000). A GBC also requires at least two shareholders and directors. Directors must be shareholders in the company. |
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| 4. | Although a Monaco company is free to operate both locally and offshore, it is taxed on offshore profits, and therefore Monaco is not considered a traditional 'tax haven'. A Monaco company which makes more than 25% of its annual sales outside Monaco pays annual profits tax of up to 33.33%, although the company is 100% exempt from profits tax for the first two years after incorporation. |
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| 5. | Profits tax is also imposed on companies receiving royalties or income related to intellectual property rights e g copyrights, patents and trademarks licensing and sales; and companies incorporated in Monaco which hold a minimum 20% shareholding in a non-resident company. |
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| 6. | Monaco's only double tax treaty is with France. An annual tax return must be submitted following Monaco company formation. |
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| Other Information | ||
| Refer to the following links to read more information on Monaco company formation: | ||
| Contact Us | ||
For more information on Monaco company formation, contact email@healyconsultants.com or call us in Singapore at (+65) 6735 0120 |
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FEES SCHEDULE Year 1 incorporation US$19,000 * Annual fees from Year 2 US$10,000 * Nominee director fee Company de-registration * This fee is based on the minimum share capital of 150,000 Euros, and includes notary fees and other government fees. This fee excludes 0.5% of the stated value of the authorised share capital, payable upon incorporation.
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