Création de société aux Seychelles

Seychelles

Seychelles: Leading Offshore Jurisdiction for International Tax Planning

Economic and Legal Context of Seychelles

Geographical Location and Political Stability Seychelles, located in the heart of the Indian Ocean, enjoys a strategic position between Africa and Asia. As an independent republic and a member of the Commonwealth, it offers a stable political environment, crucial for international investors.

Legal Framework The legal system of Seychelles, based on French civil law and English common law, provides a robust and flexible framework for international business. The modern legislation on companies, trusts, and foundations makes Seychelles an attractive jurisdiction for business structuring and wealth management.

Economy and Infrastructure The economy of Seychelles, traditionally focused on tourism and fishing, has diversified to include a dynamic offshore financial sector. The modern infrastructure, including reliable internet connections and international banking services, effectively supports global business operations.

Available Legal Structures in Seychelles

International Business Company (IBC)

The IBC is the most popular structure in Seychelles for offshore operations.

Key Features:

• Full tax exemption on income generated outside Seychelles
• No minimum capital requirement
• High confidentiality (shareholder details are not public)
• Flexibility in management structure (only one director required, which can be a corporate entity)
• No requirement to hold annual meetings in Seychelles

Common Uses:

• Holding company for international investments
• International trading company
• Intellectual property management
• Vehicle for private equity investments

Company Special License (CSL)

The CSL is a hybrid structure, offering certain benefits of offshore companies while allowing onshore activities.

Key Features:

• Preferential tax rate of 1.5% on worldwide income
• Eligibility for Seychelles' double taxation treaties
• Ability to conduct activities in Seychelles and abroad
• Higher substance requirements (local office, employees)

Common Uses:

• Companies needing a physical presence in Seychelles
• Companies seeking to benefit from tax treaties

Seychelles Trusts

The Seychelles Trust Act provides a robust legal framework for the creation of international trusts.

Key Features:

• High confidentiality
• Asset protection from creditors
• Flexibility in structuring and management
• No tax on trust income generated outside Seychelles

Common Uses:

• Estate planning
• Asset protection
• Philanthropic structures

Seychelles Foundations

Foundations offer an alternative to trusts, combining some features of trusts and companies.

Key Features:

• Separate legal entity with legal personality
• Flexibility in asset management and distribution
• High confidentiality
• Tax exemption on income generated outside Seychelles

Common Uses:

• Wealth planning for high-net-worth families
• Philanthropic structures
• Alternative investment vehicles

Tax and Regulatory Advantages of Seychelles

Favorable Tax Regime

• Full tax exemption for IBCs on foreign income
• No capital gains tax
• No withholding tax on dividends, interest, and royalties
• Preferential tax rate for CSLs

Confidentiality and Data Protection

• Non-public company registry for IBCs
• Strict banking confidentiality laws
• Robust personal data protection

No Exchange Controls

• Full freedom for foreign currency transactions, facilitating international operations.

Modern Cryptocurrency Regulations

• Favorable regulatory framework for cryptocurrency and blockchain-related businesses.

Important Considerations and Challenges

Economic Substance Requirements In response to international pressures, Seychelles has introduced economic substance requirements for certain activities. Companies must demonstrate a real presence and substantial activities in Seychelles.

International Compliance Seychelles adheres to international tax transparency standards, including automatic information exchange (CRS) and OECD BEPS recommendations.

International Perception Although Seychelles has made significant progress in transparency, the jurisdiction may still face negative perceptions in some international circles.

Banking Access Opening bank accounts for offshore entities can be more complex, requiring thorough due diligence.

Optimal Utilization Strategies for Seychellois Structures

• Holding Structuring: Use an IBC as a holding company to hold international investments, benefiting from tax exemption on dividends and capital gains.
• Intellectual Property: Manage intellectual property via an IBC, allowing tax optimization of royalties.
• International Trade: Use an IBC or CSL for international trade operations, benefiting from flexibility and tax advantages.
• Wealth Planning: Combine trusts and foundations for effective wealth management and estate planning.

Conclusion and Future Outlook

Seychelles continues to evolve as an offshore financial center, adapting to international standards while maintaining its appeal to investors. The combination of a favorable tax regime, modern legal framework, and solid infrastructure makes it a preferred jurisdiction for international tax planning and business structuring. However, it is crucial for investors to work with qualified professionals to navigate the ever-changing regulatory landscape and ensure full compliance with international standards. With thoughtful planning and proper structuring, Seychelles offers significant opportunities to optimize international operations and wealth management.

For more information on setting up structures in Seychelles and personalized advice on international tax planning, contact our team of experts. We are here to guide you through the complexities of the Seychellois jurisdiction and help you maximize the benefits of this leading offshore destination.