| Monaco Company Formation |
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Monaco is an anomaly – a tax haven for private individuals, but not an ‘offshore’ jurisdiction in the usual sense, since most companies incorporated here are subject to local corporation tax. The most popular types of companies 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 profit tax (see Disadvantages below), this type of 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. | 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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| 3. | As principality of France, Monaco is part of the EU customs zone, even though Monaco is not technically part of the EU. Thus, a Monaco GBC enjoys access to EU customs advantages. |
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| 4. | 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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| 5. | Monaco is a regulated, stable jurisdiction within an established judiciary, giving international investors long-term security. Despite being a private jurisdiction, Monaco has made a transparency pledge to the Organisation for Economic Cooperation and Development (OECD), and in late 2009 was added to the OECD white list after forming nine tax information exchange agreements (TIEAs) with nations such as the United States, Argentina and Belgium. |
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| Disadvantages of Monaco Company Formation | ||||||||||||||||
| 1. | Monaco's 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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| 2. | Monaco company formation is expensive. For example, a GBC has a minimum capital requirement of €150,000 (US$216,900). A GBC also requires at least two shareholders and directors. Directors must be shareholders in the company. |
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| 3. | 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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| 4. | Although a Monaco company is free to operate both locally and offshore, it is taxed for its 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, 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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| Contact Us | ||
For more information on Monaco company formation, contact email@healyconsultants.com or call us in Signapore at (+65) 6735 0120. |
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