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Before we delve into this subject, a couple of things need to be made clear.
First of all, the information in this chapter – as in all of this book - should be taken as being informational in nature, and not meant to represent any sort of bona-fide legal counsel. Incorporation in a foreign country while continuing to operate inside the United States is a highly complex process that requires uncommon legal and financial expertise. Given the current geopolitical environment, Federal agencies are taking a hard look at individuals and small businesses who attempt to set up in offshore locations. Mistakes in the process can incur scrutiny from Federal agencies that you may not want, and in some cases, can land you in prison (or worse).
Secondly, you may have heard that many large U.S. corporations are based off-shore in order to escape U.S. tax liabilities. Without getting into the ethical questions this raises – mainly, the internalization of profits and enjoying free use of U.S. infrastructure while externalizing the costs of maintaining that infrastructure onto the backs of the average U.S. worker – remember that these corporations have far more economic clout than many small nations. For the past quarter century, abandonment of anti-trust laws and deregulation has made many of these corporations laws unto themselves, backed by a small army of lobbyists in Washington DC who are paid millions of dollars every year to influence members of Congress to pass laws that favor them – not you.
While most of this lobbying activity over the past quarter century was completely within the law, a good deal of it was not – and the U.S. electorate finally lost patience. If the elections of 2006 were any indication, change is in the wind. These changes tend to take place very slowly however, and it may require another generation or more as well as an entire cultural shift of values before true social responsibility becomes a legal requirement of engaging in free-market capitalism.
Since most of these laws are written for large, multi-national corporations, chances are good that setting up your small company in say, the Bahamas or the Cayman Islands will probably not afford you any benefits you couldn?t enjoy by simply incorporating in Delaware or Nevada. On the other hand, if you have the time and the money as well as access to expert legal advice, are not troubled enjoying the benefits of using American infrastructure while putting the responsibility for maintaining that infrastructure on someone else and are fairly confident that your operation has nothing to hide from the Federal government, read on…
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