DEFINITIVE GUIDE for Panamanian FIPs 🇵🇦

2025 Edition

Protect your future and that of your family: Are you prepared?

We live in uncertain times, and you know it. Every day it is more difficult to find the stability we so crave, especially when it comes to protecting our assets and ensuring the well-being of our loved ones. It is not a question of pessimism, but of reality: economic and fiscal challenges are increasing, and the only key to facing them is smart planning. 🧠

Let me paint you a picture:

🔸 Savings at risk: If everything is in your name, what happens when someone comes after it? In a world where foreclosures and debts can destroy years of hard work, you need a solid structure that keeps your assets out of reach of third parties.

🔸 Economic uncertainty: Inflation, extortionate taxes, and an economy that never stops faltering. Every day that passes, it becomes more difficult to maintain your standard of living. How can you ensure that what you have today doesn't disappear tomorrow?

🔸 Suffocating tax pressure: You work hard, but it seems like everything is going straight to the IRS. That frustrating feeling of moving forward without really making any progress, especially when every euro counts to secure your family's future.

🔸 Privacy in danger: In a world where personal information is leaked at the slightest opportunity, maintaining discretion over your assets is vital. It's not about hiding, it's about protecting what's yours.

The solution is not as complicated as it seems, but it does require a clear strategy:

  • If you generate up to €50,000 a year, a US LLC created using our specialized platform LLC.Devil.Marketing is your best option. This structure provides you with administrative simplicity, total flexibility, and tax optimization tailored to your needs.

  • But if your income exceeds €50,000 per year or you are looking for absolute protection, then you need a more solid solution: a Private Interest Foundation (FIP) in Panama combined with an LLC Holding. This powerful combination, also available in LLC.Devil.Marketing, protects your assets against any eventuality, offering maximum privacy and exceptional tax optimization.

Remember, having nothing in your name doesn't mean having no assets. It means being one step ahead, ensuring your estate is protected from any economic or fiscal storm that may come.

In this guide, you will learn how to implement these strategies to protect what is yours, ensure the well-being of your loved ones, and sleep peacefully knowing that what you have built is out of reach of external threats.

Ready to take control and protect your future? Let's go! 🚀🛡️

Offshore Asset Protection

Your assets are safe and secure, protected from whatever comes next.

GUIDE CONTENT

Introduction

What is a Panamanian FIP or Private Interest Foundation?

Let's talk about the FIP either Private Interest Foundations in Panama! 🌍 These legal structures are very powerful tools for estate and tax planning, especially popular among those looking to protect their assets and manage their wealth more efficiently.

A FIP is a non-profit entity created to manage assets for a specific purpose, such as asset protection, estate planning, or charity. Although it sounds a bit serious, the magic of a FIP is that it allows the owners to maintain a fairly broad control over their assets, all while being "shielded" from potential claims or excessive taxes. 🔐

The key is that, although the FIP is the legal owner of the assets, those who establish it (the founders through a founding or protective council that administers it) can dictate how those assets are managed through internal regulations, called founding regulationsIt's like you can design the rules of a game in your favor. 😉

Furthermore, one of the great advantages of FIPs in Panama is that They do not pay income taxes, as long as the income is generated outside of Panama. This means that the assets managed by the foundation can grow and be transferred internally without the Panamanian treasury keeping an eye on them (or getting its hands on them), as long as all regulations are complied with. Now that's tax optimization! 📈

For example, if you have annual income of €100,000 generated outside of Panama, with a FIP you do not pay taxes in Panama, while with other structures you would pay between 19%-30% depending on your country of residence. That means easily save you more than €20,000 a year only in taxes.

Another strong point is that, unlike other structures, FIPs They have no direct ownersThis adds an extra layer of privacy, as the beneficiaries of the foundation (which may be the founders themselves, family members, or third parties) are only revealed in very specific circumstances, and not in public records.

In short, a FIP in Panama is like a flexible safe for your assets, with the advantage that you or your attorney decide how and when to use those assets, all while maintaining high privacy and strategic tax optimization. 💼✨

Panama, Oh Panama!

You probably know him from the "Panama Papers."

Importance of Estate Planning

Strong Roots, Secure Future

Estate planning is the solid foundation that protects and nurtures your legacy, ensuring it grows and reaches those who matter most.

Plan The future of your assets is not just for the ultra-rich; it is a need for anyone who wants protect what has been built with effort. The estate planning It is the shield that allows you to maintain control of your assets, ensuring that they are protected against possible threats, such as economic crises, unforeseen debts or family disputes. 🛡️

It is also the key to ensuring that your loved ones do not face legal and financial problems when you are gone. Without a good strategy, your assets can become trapped in long and costly proceedings, losing value and, worse still, leaving your family unprotected.

Estate planning is not just about distributing assets, but doing so efficiently, minimizing taxes and maximizing the value that goes to your beneficiaries. By creating a solid structure, such as a Private Interest Foundation, you not only protect your assets, but you ensure that what you have worked your whole life to build reaches the right hands, at the right time, and without unpleasant surprises. 🔒

Estate planning is your way of saying to the future, “I am prepared and I know where my assets are going to go.” It is an investment in tranquillity for you and security for those who matter most to you.

Why Panama? Advantages of the Panamanian legal framework.

When we talk about protecting your assets and securing your future, Panama stands out as one privileged optionBut what makes this country so special? Let's find out. 🌟

First, Panama offers a foundations law what is flexible and robust, ideal for asset protection. Its regulations are clear and designed to keep your information private. This means that your assets are sheltered of curious glances and possible threats and governments (wink, wink, Spanish treasury).

In addition, the fiscal framework of Panama is highly favorable: there are no taxes on foreign income nor about inheritances or donations, which maximizes the value of what you've worked so hard to build. The political and economic stability of the country adds an additional layer of security, ensuring that your assets are protected in the long term.

Another point in favor is the administrative ease: the creation and maintenance of a Private Interest Foundation in Panama are simple and accessible processes. This is where we come in: we take care of Create and maintain your FIP, so you can focus on what really matters, knowing that your assets are in good hands.

In short, Panama combines a solid legal system With a favorable tax environment and agile administration, creating the perfect scenario for shield your assets and plan with tranquillity. 🌐🔒

Ready to discover how Panama can be your ally in protecting your assets? We are here to guide you every step of the way!

Limited Liability

Protection of your personal assets

Structure and Operation of a FIP

Founder, Founding Council, Protector and Beneficiaries

For a Private Interest Foundation (PIF) to work perfectly, it is essential to understand how we work with you to structure and manage it. Here we explain how we do it:

  1. Founder: Our lawyers will take care of founding the FIP for you, setting up all the initial aspects and ensuring that the foundation is set up according to your needs. Although we initiate the foundation, the actual control is managed by you LLC as protective, thus maintaining your influence and address. 🎯

  2. Founding Council: Instead of a traditional tip, we use a LLC Nominal to serve as the Foundation Council. This simplifies administration and ensures that decisions are made efficiently, while always respecting your guidelines. In addition, the nominee LLC will issue a formal letter of relinquishment of control, transferring all power to the Protector, who will have absolute control of the foundation.🧑‍💼👩‍💼

  3. Protective: The figure of the protective is key in our structure. We use a LLC subsidiary 🇺🇸 of the holding company of the FIP which acts as a protector, overseeing the proper administration of the FIP and ensuring that everything is handled according to the guidelines of your anonymous LLC. This LLC gives you additional control from anonymity and ensures that the foundation operates in your best interest. 🛡️

  4. Beneficiaries: You, your family, or anyone you choose can be the beneficiary. The FIP is designed to ensure that the benefits and resources are distributed exactly as you decide, guaranteeing that your legacy and assets end up in the right hands. 🎁

While we take care of the administrative and foundational aspects, you maintain control and direction through your LLC subsidiary of the holding company, and you decide who benefits from your FIP. It is a way of ensuring that your assets are protected and managed according to your wishes, with a structure that facilitates management and ensures flexibility. 🌟🔒

The 4 Pillars of the Foundation

The Founder, the Founding Council, the Protector and the Beneficiaries.

Founding regulations and statutes

When it comes to a Private Interest Foundation (FIP), the founding regulations and statutes They are the heart of its structure and operation. These documents are essential to ensure that the foundation operates according to your wishes and in compliance with the law. Let's break down what you need to know. 📜

  1. Founding Statutes: The founding statutes are the set of rules and principles that define the structure of the FIP and its purpose. They include details on how assets are managed, the rights and duties of those involved, and procedures for decision-making. These statutes ensure that the foundation operates in an organized manner and that all activities are aligned with the objectives set by the founder. 🏛️

  2. Internal Regulations: The internal regulations Bylaws complement the bylaws, providing detailed guidelines on the day-to-day operation of the foundation. They establish rules for asset management, profit distribution, and conflict resolution. These regulations help maintain the foundation's integrity. efficiency and the transparency, ensuring that all operational aspects of the foundation are managed in accordance with established policies. 📋

  3. Modifications and Updates: The statutes and regulations can be modified based on new needs or changes in legislation. It is important that these documents are kept up to date to reflect any adjustments in the founder's circumstances or in the legal environment. We help you update these documents as needed, ensuring your FIP continues to meet your goals over time. 🔄

The founding regulations and statutes are crucial to the success and effectiveness of your FIP. They define how the foundation is managed and ensure that your wishes are carried out over time. With proper planning and efficient management, these documents provide you with a solid and reliable structure for the protection and administration of your assets. 🌟📚

Duration and dissolution of a FIP

A Private Interest Foundation (FIP) is designed to last a lifetime. Its purpose is to provide a long-lasting and stable structure for the management and protection of your assets over time.However, it is also important to understand how the dissolution if necessary. Here we explain both aspects. ⏳

  1. Duration: A FIP is designed to exist indefinitely. This means that once established, the foundation can operate for as long as you wish, adapting to changes and needs throughout your life and beyond. Its continuous duration ensures that your estate is protected and managed according to your wishes on an ongoing basis. 🌟

  2. Dissolution: Although the FIP is designed to last, dissolution may be an option in certain cases. dissolution of a FIP It is a process economical and efficientIf you decide that you no longer need the foundation or there are circumstances that require its closure, the dissolution procedure is structured to be simple and inexpensive. This allows you to complete the foundation without unnecessary complications, ensuring a smooth transition of assets and minimizing associated costs. 🛠️

In case you decide to dissolve it, the process is economical and efficient, ensuring that closing is handled smoothly and easily. With proper planning, you can be sure that your FIP meets your long-term goals, with flexibility to adapt to any changes in the future. 🌐🔒

The Durability and Flexibility of your FIP

While the structure is designed to last a lifetime, its dissolution process is economical and efficient, ensuring hassle-free management at any stage.

Advantages of FIPs in Panama

Asset protection: Non-seizability

Let them say mass

The FIP thing is not yours. It belongs to the Foundation.

When we talk about asset protection, one of the most valuable aspects is the non-seizable. This refers to the ability to keep your assets out of the reach of legal claims, debts or seizures. In the context of a Private Interest Foundation (PIF), ineligibility is a key component to ensure that your assets are protected from potential external risks and threats. 🔒

  1. Legal Security: A FIP is designed to offer legal certainty Asset protection. Assets within the foundation are protected from creditor claims and legal proceedings, thanks to the legal structure it provides. This protection ensures that, 2 years after your contribution to the foundation, your assets are not affected by financial problems or litigation that may arise in your personal or professional life. ⚖️

  2. Protective Structure: The non-seizability of assets is achieved through a solid legal structure which separates your personal assets from those managed by the foundation. This means that in the event of legal or financial problems, your assets in the FIP remain safe and cannot be claimed by third parties. This separation is crucial to protect your assets in the long term and ensure that they are preserved intact according to your wishes. 🏰

  3. Long Term Benefits: Not only does the inembargability offer an immediate layer of protection, but it also provides long-term peace of mind. Knowing that your assets are safe and protected from potential claims, you can focus on your financial and personal goals without the constant worry that your assets may be compromised. 🌟

Fun fact: The inalienability of FIPs is one of the reasons why these foundations are highly valued by those seeking to secure the future of their assets. This additional protection provides a unique and essential peace of mind for effective estate planning.

Privacy and confidentiality

When it comes to protecting your assets, the privacy and confidentiality are crucial aspects that should not be overlooked. A Private Interest Foundation (FIP) offers a level of protection and discretion which is essential to keep your assets safe from unwanted eyes. Here we tell you why it is so important and how we achieve it. 🌐

  1. Protection of Sensitive Data: A FIP ensures that all information about your assets and their management is maintained confidential. The structure of the foundation is designed to keep your private data away from prying eyes, ensuring that only you and the people you authorize have access to it. This is vital to protect not only your assets, but also your personal and family privacy. 🛡️

  2. Solid Legal Structure: Panamanian law provides a legal framework that protects the Confidentiality of foundations. FIP documents and records are subject to strict privacy rules, meaning that information will not be disclosed without your consent. This structure gives you peace of mind knowing that your assets and decisions are protected from potential leaks or unauthorized access. 📜

  3. Total Control: With a FIP, you maintain complete control over who has access to information and how your assets are managed. This allows you to make strategic decisions about your wealth while maintaining a high level of transparency. discretionPrivacy is not just a feature, but a priority to ensure your wishes are fulfilled without compromising your personal security. 🔒

Note: Privacy is one of the greatest assets when it comes to estate planning. Not only does it protect your estate, but it also gives you the freedom to manage it without the constant worry of being watched. Confidentiality is another investment in peace of mind. 🌟

Tax Optimization: No Taxes on Foreign Income

One of the great advantages of establishing a Private Interest Foundation (FIP) in Panama is the tax optimization, especially when you have income generated outside the country. This is crucial if you are looking to maximize the value of your assets, protect them effectively and significantly reduce your tax burden. Here we explain it to you clearly.

  1. 🌟 Foreign Income Tax Exemption: With a Panamanian FIP, your income generated outside of Panama is exempt from local taxes. This means that every euro or dollar you earn through online businesses, investments or activities abroad stays entirely in your pocket. By keeping more of what you generate, you can intelligently reinvest it, multiplying your wealth with a huge competitive advantage.

  2. 📈 Highly Efficient Tax Strategy: Imagine going from paying high tax rates to practically zero on your international income. By taking advantage of this exemption, you can design a much more agile and advantageous tax strategy, allowing you to invest more resources in the real growth of your business or in your quality of life, instead of handing them over to the tax system.

  3. 🚀 Immediate and Lasting Positive Impact: Thanks to the FIP, as a beneficiary you will be able to receive your income with a significantly reduced tax burden through intelligent mechanisms such as usufruct, the savings regime (taxing as little as possible), or even through strategic donations in kind. This not only maximizes the real value of your money, but also gives you absolute flexibility to live and spend as you wish.

  4. 📌 Carlos' story, a decision that changed everything: Carlos, a digital entrepreneur with successful businesses, used to pay more than 30% of his income in taxes every year. Tired of feeling like the system was punishing him for his success, he decided to make the leap to an international structure with a Panamanian FIP. Today, Carlos saves more than €25,000 a year in taxes, money that he reinvests directly in his business and in improving his quality of life. Carlos' smile every time he sees his tax bill is the best proof that he made the right decision. Can you imagine what you could do with that extra €25,000 each year?

With a FIP in Panama you are not only optimizing taxes: you are securing your future. 🚀

IRPF 2024 Savings Base SectionsTotal type
Up to €6,00019 %
From €6,001 to €50,00021 %
From €50,001 to €200,00023 %
From €200,001 to €300,00027 %
From €300,001 to infinity30 %

The savings base sections are much "lighter" than those of work, which range from 19-47%.

Flexibility in Asset Management: The Power to Adapt

A Private Interest Foundation (FIP) in Panama offers you a incredible flexibility to manage your assets. Why is this so important? Here we explain it in a simple way:

  1. Adapting to Market Changes: The economy and the market are constantly changing. With a FIP, you can adjust your investments according to new opportunities or challenges. For example, if a sector is booming, you can redirect your assets to take advantage of that trend without complications. 🌟

  2. Asset Restructuring: If you decide to change the way you manage your assets, such as selling a property or investing in a new project, the FIP makes these adjustments easy. Imagine you want to sell a part of your business to invest in startups; the FIP allows you to make this restructuring frictionless. 📈

  3. Personalized Management: Everyone has different goals. With a FIP, you can customize the way your assets are managed to fit your lifestyle. For example, if you prefer to invest in real estate rather than stocks, you can organize your FIP to focus more resources on real estate. 🔧

The flexibility of managing a FIP allows you to adjust your wealth as your needs and the market change. It's like having a tailor-made suit for your wealth, which you can adapt to your needs at every stage of your life. 🌐

Differences between a FIP and other asset vehicles

FIP vs. Trusts: Comparative advantages

📌 Quick comparison: Which structure is best for me?

Specific situationFIP (Panama Foundation) ✅Trust ⚠️Public limited company ⚠️Traditional Will ⚠️
Asset protectionHighAverageAverageLow
Privacy and confidentialityVery HighVariableLowLow
Legal recognition in SpainYeahNoYeahYeah
International Tax OptimizationHighVariableLowVery Low
Daily management of active businessNoNoYeahNo
Automatic post-death distributionYeahYeahNoYeah
Tax burden on inheritanceVery low / noneVariable (mean)HighVery High

When it comes to protecting and managing your wealth, it is crucial to understand the differences between Private Interest Foundations (FIP) in Panama and trusts. For Spaniards, these differences are especially important due to the way each structure is treated by the legal and tax system. Here is a key comparison:

  1. Legal Recognition in Spain:
    • FIP: Panamanian FIPs are recognized and accepted in Spain. This means that you can use a FIP to protect your assets and manage your assets effectively, with full validity in the Spanish system. 🌐
    • Trusts: Trusts are not recognised in Spain. For the Spanish system, a trust is practically invisible and does not have a clear legal framework. This can complicate asset management and wealth transfer, as it does not fit well with Spanish regulations. 🚫
  2. Flexibility in Management:
    • FIP: FIPs offer remarkable flexibility in managing your assets. You can adjust the management of your investments and restructure your assets easily according to your needs. For example, if you decide to invest in a new business or change the structure of your assets, the FIP allows you to do so without complications. 🌟
    • Trusts: Trusts typically have stricter rules and less flexibility. Management is more regimented and can be more rigid, limiting your ability to make direct adjustments in response to changes in the market or your goals. 📉
  3. Privacy and Confidentiality:
    • FIP: In Panama, FIPs provide a high level of privacy. Information about your assets and beneficiaries is not public, thus protecting your data from prying eyes and potential threats. 🔒
    • Trusts: Depending on the jurisdiction, trusts may offer less privacy. In some places, information about the trust and its beneficiaries may be available to tax authorities, thereby compromising confidentiality. 📑
  4. Tax Benefits:
    • FIP: FIPs in Panama do not tax income generated outside the country. This allows you to manage international income without additional taxes. In addition, as a beneficiary, you can benefit from tax advantages such as usufruct or donations with a reduced tax burden. 🌍💸
    • Trusts: Trusts may be subject to tax depending on the jurisdiction in which they are established. This could result in an additional tax burden on income and profits, especially if they are generated in multiple countries. 📈

For Spaniards, a FIP in Panama not only provides a flexible and confidential structure, but also complies with local regulations, unlike trusts, which are not recognised in Spain. This advantage makes FIPs a very attractive option for estate planning. 🌟

FIP vs. Public Limited Companies

When it comes to managing and protecting your assets, it is essential to understand the differences between a Private Interest Foundation (FIP) and a Public Limited Company (SA). Both structures have their own advantages and applications, but each is differently suited to your wealth needs. Here is a key comparison:

  1. Objective and Main Function:

    • FIP: FIPs are primarily designed for asset protection and estate planning. Their purpose is to protect your estate from potential risks and ensure that it is managed according to your long-term wishes. They are ideal for safeguarding assets, avoiding disputes, and ensuring effective distribution of your legacy. 🛡️
    • Public limited companies: Public limited companies are geared towards commercial activity and profit generation. They are used to manage businesses, participate in the market and operate for profit. They are a common form of business organization with an emphasis on value creation and profitability. 💼

  2. Structure and Management:

    • FIP: In a FIP, control can be managed by a protector, and the structure allows for great flexibility in asset management. You can set up the FIP to suit your specific needs and preferences, maintaining control through a subsidiary LLC, while you, your family, or designees act as beneficiaries. 🎯
    • Public limited companies: SAs have a more rigid structure with a board of directors and a management board that makes management decisions. Shareholders own the company and their influence is based on the percentage of shares they own. Management is subject to corporate regulations and current legislation. 🧑‍💼

  3. Privacy and Confidentiality:

    • FIP: FIPs offer a high degree of privacy. Information about assets and beneficiaries is not public, providing an additional layer of protection against exposure and outside intervention. 🔒
    • Public limited companies: SAs have lower privacy compared to FIPs. In many countries, details about shareholders and company structure must be registered and may be publicly available, which may compromise confidentiality. 📊

  4. Tax Benefits:

    • FIP: FIPs in Panama enjoy significant tax benefits, including exemption from taxes on foreign income. This allows for efficient management of your assets without additional tax burdens on international income. In addition, FIPs offer tax advantages for beneficiaries in the form of usufruct and donations. 🌍💸
    • Public limited companies: SAs are subject to corporate taxes on their profits and, depending on the jurisdiction, dividends distributed to shareholders may also be subject to tax. The tax burden can be considerable and varies according to local tax regulations. 📈

While a FIP is ideal for asset protection and estate planning with privacy and attractive tax benefits, a Limited Company focuses on business operation and profit generation, with a more regulated management structure and less confidentiality. 🌟

FIP vs. Wills and Traditional Estate Planning

When planning for the future of your estate, it is crucial to compare the options available. Private Interest Foundations (PIFs) and traditional wills have different approaches to protecting and passing on your assets. Here are the main differences:

  1. Objective and Main Function:

    • FIP: A FIP is designed to protect and manage your assets throughout your life and beyond. It provides a structure that shields your assets from potential risks, such as financial downturns or family disputes, and ensures that your estate is managed according to your wishes on an ongoing basis. 🛡️
    • Wills and Traditional Estate Planning: A will is used to designate how your assets will be distributed after your death. Traditional estate planning focuses on ensuring that your wishes about inheritance are carried out, but does not provide active protection of your assets during your lifetime. 📜

  2. Asset Protection:

    • FIP: FIPs offer robust protection for your assets, safeguarding them against external claims and risks. The FIP structure allows your assets to be kept safe from debt, litigation, and other threats during your lifetime and after your death. 🔒
    • Wills and Traditional Estate Planning: Wills do not actively protect your assets while you are alive. They function more reactively, managing the distribution of your assets only after your death. During your lifetime, assets are exposed to potential risks and claims. ⚠️

  3. Flexibility and Control:

    • FIP: FIPs provide flexibility in managing your assets. You can appoint a protector and control management through a subsidiary LLC, adapting the structure to your changing needs. The flexibility also allows you to adjust the distribution of assets as your situation evolves. 🎯
    • Wills and Traditional Estate Planning: Wills are less flexible and only come into effect after your death. Any changes to your wishes regarding the distribution of your assets require amending the will, which can be a slow and bureaucratic process. 📑

  4. Privacy and Confidentiality:

    • FIP: FIPs offer a high degree of privacy. Information about your assets and beneficiaries is not public, providing a layer of confidentiality and protecting your data from unnecessary exposure. 🔒
    • Wills and Traditional Estate Planning: Wills may be part of the court file, and in some cases, information about your inheritance may be made public during the probate process, compromising privacy. 📂

  5. Tax Benefits:

    • FIP: FIPs in Panama allow for significant tax optimization, especially with regard to foreign income. They are not subject to taxes on this income, and as a beneficiary, you can enjoy additional tax advantages, such as usufruct and donations. 🌍💸
    • Wills and Traditional Estate Planning: Traditional wills and estate planning do not offer specific tax benefits during your lifetime. Inherited assets may be subject to inheritance and gift taxes, depending on local regulations. 📈

While a traditional will guarantees how your assets will be distributed after your death, a FIP provides active and ongoing protection of your assets, with flexibility in management and significant tax advantages. 🌟

Creation of a FIP in Panama

Legal Requirements for Establishing a FIP in Panama

To establish a Private Interest Foundation (FIP) in Panama effectively and without complications, here are the key steps and how we take care of each of them for you:

  1. Required Documentation:

    • Articles of Incorporation: We draft and structure the FIP's articles of incorporation, ensuring that it complies with all Panamanian regulations. This article will detail the intention of creating the foundation, as well as the aspects of administration and distribution of assets. In addition, we will provide you with a version that you can easily manage from your subsidiary anonymous LLC. 📜
    • Internal Regulations: We are also responsible for preparing the internal regulations, which define the rules and procedures for the management of the foundation, including the role of the protector, the foundation council and the beneficiaries. 📚
  2. Founder:

    • Founder ID: Instead of designating you as the founder, for maximum anonymity, one of our companies will act as the founder of the FIP. This ensures that the process is efficient and complies with legal requirements without involving you directly. 🆔
    • Initial Contribution: The founder will make an initial contribution of assets to the foundation (the Anonymous LLC), which will be managed according to the purposes established in the articles of incorporation. 💰
  3. Protective:

    • Appointment of the Protector: The FIP's subsidiary LLC, which you will control, will act as the protector. This figure will oversee the administration of the foundation, ensuring that your wishes are carried out effectively. 🛡️
  4. Founding Council:

    • Appointment of the Founding Council: The foundation board will be comprised of an external nominee LLC, also known as a “strawman.” This role is merely symbolic and has no real power in the management of the foundation. Its primary function is to simplify administration and ensure that the foundation operates efficiently, always under your guidance. 🧑‍💼👩‍💼
  5. Beneficiaries:

    • Designation of Beneficiaries: You, your family or any other person (even a company) you choose will be the beneficiaries of the FIP. The beneficiaries will be clearly identified in the articles of incorporation and in the internal regulations, ensuring that the benefits are distributed according to your wishes. 🎁
  6. Registration and Formalization:

    • Public Registry: We will take care of the registration of the FIP in the Public Registry of Panama, ensuring that all relevant documents are correctly submitted to formalize the foundation. 🏢
    • Regulatory Compliance: We will also ensure compliance with all local rules and regulations relating to the establishment and operation of the FIP, including foundation laws and tax regulations. 📑

Let us take care of the legal and administrative details so you can focus on what really matters: protecting and managing your assets with complete peace of mind. 🌟🔒

Steps to register a FIP

In order for us to establish your Private Interest Foundation (FIP) in Panama, we only need you to provide us with the following information. We will take care of the rest for you:

  1. Required Documentation:

    • Information about the Protective LLC: Please provide us with the details of the LLC or the person who will act as protector. (it shouldn't be you directly). This entity/person will manage the FIP and will have absolute power. 🛡️
    • Beneficiary Information: Provide your details or those of any other person you choose as the beneficiary of the FIP assets. The requested documentation will have to be notarized and apostilled in order to be accepted in Panama.

  2. What We Will Do:

    • Writing and Preparation: We will be in charge of drafting the articles of incorporation and the internal regulations of the FIP. 📜
    • Public Registry: We will present all the documentation in the Public Registry of Panama to formalize the FIP.
    • Regulatory Compliance: We will ensure that everything complies with Panamanian laws and regulations for proper formalization. 📑

With these simple steps, your FIP will be ready to operate, while you focus on what really matters. 🌟🔒

Associated costs and annual maintenance of FIP + Holding LLC

Setting up a Panama Private Interest Foundation (PIF) alongside a US LLC involves considering both initial costs and maintenance expenses to ensure its optimal operation. Here's what you need to know:

  1. Preparation of the Protective LLC:

  2. Initial Costs Included:

    • FIP Constitution:  This cost covers the drafting of the deed, the preparation of the internal regulations, and the management of the Founding Council (our "straw man"). It includes the entire process of creation and registration in the Public Registry of Panama. 🏛️
    • Annual Renewal Rate: Includes renewal to keep the FIP in compliance with Panamanian regulations, as well as official rates and ongoing management. 🔄
    • Foundation Council Administration: Although you will maintain control through the Protective LLC, there is an annual cost associated with the nominal management of the Founding Council. 🧑‍💼👩‍💼
    • Regulatory Compliance: We take care of ensuring that the FIP complies with all local regulations and any legal changes, including a small additional cost to keep your foundation operational. 📑✅
    • Attention and Continuous Support: We offer comprehensive support throughout the year to resolve any questions or needs related to the FIP. 🤝
    • Annual Accounting Submission: Includes a basic accounting report to keep the FIP up to date with the obligations of the Panamanian government. 📊

Total Annual Cost FIP + HOLDING: $6000, no hidden costs. All included. 💵

For $6,000 a year, you're guaranteed peace of mind that everything is in order, with no extra paperwork or headaches. Plus, this cost is easily offset by the amount you'll save on taxes, litigation, and peace of mind. 🌟🔒

💡 Why invest $6,000 annually in your FIP + Holding LLC?

Asset Protection Strategies

We understand that $6,000 a year may seem like a lot at first glance. But let's think for a moment about what you're actually getting in return:

  • Significant tax savings:
    Thanks to FIP's international tax optimization, the potential tax savings often far exceed the annual cost of the service. For example, a net worth or income of more than $50,000 per year can easily generate tax savings far greater than the total cost of your FIP.

  • Complete protection against legal risks:
    What is the value of protecting your assets from unexpected lawsuits, litigation or seizures? Probably incalculable. For just $6,000 a year, you get the absolute peace of mind of knowing that your assets will be protected and untouchable after the initial shielding period.

  • Privacy and confidentiality guaranteed:
    Keeping your financial information out of reach of third parties is priceless, especially in an age where privacy is rapidly eroding. The annual cost ensures that your entire structure remains discreet and safe from prying eyes.

  • No paperwork or headaches:
    The annual cost includes absolutely everything: administration, legal compliance, annual filing of documents, ongoing support, initial management of the founding council and updating of regulations. All of this is managed by experts and the legal team in Panama so that you don't have to worry about anything other than enjoying your assets.

Ultimately, the $6,000 per year is a strategic and cost-effective investment in security, peace of mind and tax efficiency, the real value of which far exceeds its cost.

Still in doubt? Think of it as your financial and property life insurance. 🔒✨

Transfer of assets to the FIP

Transferring your assets to a Private Interest Foundation (FIP) is a crucial step in protecting and managing your assets. Here's how to do it efficiently and safely:

  1. Asset Evaluation:

    • Complete Inventory: Before making the transfer, it is essential to make a thorough inventory of all the assets you wish to transfer to the FIP. This may include real estate, financial investments, intangible properties, and more. 🏠💼
    • Asset Valuation: Perform an accurate valuation of each asset to ensure it is transferred at the correct value. This may require the assistance of a professional appraiser. 📈🔍

  2. Documentation Preparation:

    • Transfer Documents: You will need to prepare and sign the necessary documents for the transfer of each type of asset. This includes transfer contracts, title deeds, and other relevant legal documents. 📝📑
    • Notarization and Legalization: Some documents must be notarized and, in some cases, apostilled to comply with legal requirements and ensure their validity. 🔒✒️

  3. Execution of the Transfer:

    • Legal Transfer: Once the documents are prepared, proceed with the legal transfer of the assets to the FIP. This may involve updating public records, modifying property titles, and formalizing the transfer in the financial system. 🏛️
    • Asset Register: Make sure that all transferred assets are properly registered in the name of the FIP, both in public registries and in financial institutions. 📋💼

  4. Transfer Documentation:

    • Document Archive: Keep a copy of all documentation related to the transfer of assets. It is important to have a detailed record for future reference and audits. 📂📁

  5. Compliance and Review:

    • Compliance Verification: Check that all assets have been transferred correctly and that there are no issues with documentation or records. If you encounter any issues, consult with a wealth management specialist. ✔️🔍
    • Periodic Review: Conduct regular reviews to ensure that assets remain well managed and that the FIP complies with all legal and tax requirements. 📅🔄

Transferring assets to a FIP is an operation that requires precision and care. We will assist you in every step of the process to ensure that everything is done correctly and efficiently. 🌟🔒

Protection against claims and litigation

Protection against claims and litigation is one of the main benefits of establishing a Private Interest Foundation (FIP). This protection ensures that your assets are protected against potential lawsuits and claims, guaranteeing the security of your assets. Here's how it works:

  1. Robust Legal Structure:

    • Separation of Assets: The FIP acts as a separate legal entity, separating your personal assets from the assets managed by the foundation. This separation is key to protecting your personal assets from claims. 🏛️🔒
    • Internal Regulations: The FIP's internal regulations clearly define the rules and procedures for the management of the foundation. This includes protection against potential claims by establishing clear mechanisms for the administration and distribution of assets. 📜📝
  2. Claims Protection:

    • Legal Protection: Assets within the FIP are protected by the Panamanian legal framework, which offers a high degree of protection against claims and litigation. This means that claims against you cannot affect the assets of the foundation. 🛡️⚖️
    • Controlled Transparency: Although the FIP is required to operate in a transparent manner, access to detailed information about assets and their management is restricted. This limits the possibility for third parties to make claims based on inadequate or incomplete information. 🔒📊
  3. Protector Backing:

    • Role of the Protector: The FIP Protector, appointed through your Holding Company subsidiary LLC, is responsible for overseeing the administration of the foundation and ensuring compliance with your guidelines. This figure acts as an additional guardian, defending the foundation against potential legal challenges. 🛡️👨‍⚖️
    • Decisions and Controls: The protector has the authority to make important decisions on behalf of the FIP, including defending the assets against claims. This role adds an additional layer of security in the management of the foundation. 🧑‍💼🔍
  4. Litigation Procedures:

    • Legal Defense: In the event of litigation, the FIP can rely on specialized legal representation to defend its interests. This ensures that any dispute is handled professionally and efficiently. ⚔️📈
    • Conflict Resolution: The FIP may establish procedures for the resolution of conflicts and disputes, minimising the impact of any claim or litigation on the assets of the foundation. 🕊️⚖️
  5. Waiting Time for Shielding:

    • Protection Period: It is important to note that any assets transferred to the FIP will be subject to a 2-year waiting period before full shielding is activated. During this time, assets are not fully protected against claims and litigation. This period is crucial to ensure that the asset transfer is considered legitimate and cannot be challenged. ⏳📅
      • Imagine you have a personal dispute for €200,000. With a FIP, after the 2-year waiting period from when you transfer the assets, they cannot be touched by that claim, thus avoiding years of effort being lost in a lawsuit.
  6. Audits and Compliance:

    • Periodic Reviews: We conduct regular audits and reviews to ensure that the FIP remains compliant with all regulations and adequately protects assets. These audits help identify and mitigate potential risks before they become problems. 📊🔍
    • Continuous Compliance: We ensure that the FIP maintains ongoing compliance with local and international regulations, thereby protecting your assets from potential legal challenges. ✅📋

Laura Laura spent over a decade building her online academy from the ground up. When a business partner filed an unexpected lawsuit, Laura realized how close she came to losing everything. Luckily, two years earlier she had transferred ownership of her most important assets to a FIP in Panama. When the litigation finally came, her assets were completely shielded, untouchable by the claim. Today Laura sleeps peacefully knowing that what she worked so hard to build cannot be taken away from her by anyone. 

Shielding your assets from claims and litigation is essential to protecting your wealth in the long term. With a FIP, you can rest assured that your assets are backed by a solid and effective legal structure, once the waiting period has passed. 🌟🔒

Law No. 25 of June 12, 1995

Panamanian Law regulating Private Interest Foundations

Protection against economic crises and debts

Establishing a Private Interest Foundation (FIP) in Panama provides robust protection against economic crises and debt, ensuring that your assets are safeguarded in times of financial uncertainty. Here's how a FIP protects your assets against these challenges:

  1. Insolvency Shield:

    • Separation of Assets: By transferring your assets to a FIP, they are placed outside the reach of your personal debts. The foundation acts as an independent entity, protecting your assets from creditors and claims associated with your debts. 🛡️💼
    • Legal Protection: The legal structure of the FIP ensures that the assets of the foundation are not considered part of your personal estate. This means that in the event of insolvency or personal financial problems, your assets within the FIP remain protected. ⚖️🔒

  2. Protection Against Economic Crises:

    • Structural Stability: The FIP is designed to offer stability in times of economic crisis. Its structure allows for effective asset management, even in adverse economic conditions, ensuring that your assets remain protected and properly managed. 🌐📈
    • Asset Diversification: You can use the FIP to diversify your assets across different sectors and markets, thereby reducing the impact of an economic crisis on your wealth. Strategic diversification protects your assets against market fluctuations and economic changes. 📊🌍

  3. Debt Management and Financial Obligations:

    • Asset Exclusion: Assets within the FIP are not subject to seizure for personal debts, as the foundation has its own legal personality. This ensures that your assets are not used to settle debts outside the FIP. 🏛️📉
    • Additional Legal Protection: In the event of debt-related litigation, the FIP offers an additional layer of protection by ensuring that the foundation's assets are not affected by your personal financial obligations. ⚔️🛡️

  4. Flexibility in Management:

    • Efficient Administration: The FIP allows for flexible and efficient management of your assets, adapting to economic and financial changes. This includes the possibility of adjusting investment and management strategies to better face any economic challenge. 🧑‍💼📋
    • Strategic Planning: You can implement long-term estate planning strategies that consider potential economic downturns, ensuring your assets are prepared for any eventuality. 🗺️🛠️

  5. Recession Support:

    • Security in Difficult Times: The FIP provides an additional safeguard during economic downturns, helping to protect the value of your assets and ensure that the foundation continues to operate without interruption. This protection is crucial to maintaining the integrity of your estate during turbulent economic periods. 📉🌟
    • Access to Advice: We offer ongoing advice to manage and optimize your assets in the FIP, helping you navigate economic uncertainties with well-founded strategies. 💡📈

The FIP is a powerful tool to protect your assets against economic crises and debt, offering an additional layer of security and stability. By safeguarding your assets in a solid structure, you can face financial challenges with greater peace of mind. 🌟🔐

Succession Planning with a FIP

Designation of beneficiaries

Designating beneficiaries is a crucial aspect of setting up and managing a Private Interest Foundation (PIF). Ensuring that profits and assets are distributed according to your wishes is essential to effective estate planning. Here's how the process works and what to consider:

  1. Selection of Beneficiaries:

    • Custom Choice: You can designate anyone you wish as the beneficiary of your FIP. This includes yourself, family members, close friends, or any entity you choose. Flexibility in selection allows you to customize the distribution of your assets to fit your personal goals and desires. 🎯👨‍👩‍👧‍👦
    • Long Term Benefits: Beneficiaries may receive specific financial benefits, income, or assets as defined in the FIP's articles of incorporation and bylaws. This designation ensures that resources are distributed effectively and in accordance with your intentions. 🎁💵

  2. Appointment Process:

    • Formal Documentation: The designation of beneficiaries must be formally documented in the FIP's articles of incorporation and bylaws. These documents clearly state who the beneficiaries are and what proportion of the assets they will receive. 📜✍️
    • Periodic Update: It is important to periodically review and update your beneficiary list to reflect any changes in your personal wishes or circumstances. This ensures that the distribution of your assets remains relevant and appropriate over time. 🔄📅

  3. Protection and Security:

    • Legal Protection: Beneficiary designations are legally protected within the FIP structure. This means that assets designated for beneficiaries are protected against external claims and legal disputes, ensuring that they go to whoever you have chosen. ⚖️🔒
    • Confidentiality: Information about FIP beneficiaries is kept confidential. Privacy in designation protects beneficiaries' personal information and ensures that details of asset distribution are not accessible to unauthorized third parties. 🔐🕵️‍♂️

  4. Types of Benefits:

    • Direct Benefits: Beneficiaries may receive direct payments, income, or specific assets from the FIP as set out in the founding documents. This allows for a clear and direct distribution of resources. 💸🏠
    • Usufruct and Rights: You can also establish benefits in the form of usufruct or specific rights, allowing beneficiaries to enjoy certain assets or income while legal ownership remains with the FIP. 🏖️📈

  5. Flexibility in Distribution:

    • Adaptability: The FIP allows you to adapt to changes in the personal circumstances of the beneficiaries or in your estate objectives. You can modify the terms of the distribution and the designation of beneficiaries according to your future needs. 🔧📊
    • Personalized Planning: You can design a distribution plan that fits your preferences and goals, ensuring that the legacy and assets are transferred in the most efficient manner and according to your wishes. 🗺️💼

Designating beneficiaries is a key element in ensuring that your estate is managed and distributed according to your wishes. By clearly stating who will receive what and under what conditions, you ensure that your legacy remains intact and in accordance with your intentions. 🌟🔗

Asset distribution rules

Asset distribution rules in a Private Interest Foundation (PIF) are essential to ensure that your assets are transferred efficiently and in accordance with your wishes. These rules define how and when the PIF's assets will be distributed to beneficiaries. Here's how they work and how you can set them up:

  1. Establishment of Distribution Criteria:

    • Specific Criteria: Define specific criteria for asset distribution. This may include event-based conditions, such as important dates, milestones, or special needs of the beneficiaries. 📅🏆
    • Proportions and Quantities: Determine the proportion of assets or the exact amount each beneficiary will receive. You can assign specific percentages or fixed values, depending on what you think is most appropriate. 📊💰

  2. Distribution Mechanisms:

    • Direct Payments: Establish how direct payments will be made to beneficiaries. This can be in the form of bank transfers, checks, or any other payment method you prefer. 💳🏦
    • Asset Allocation: You can decide whether assets will be distributed in their original form (for example, property or investments) or whether they will be converted into cash before distribution. 🏠💵
    • Periodic Benefits: Establishes whether beneficiaries will receive periodic or one-time payments. Periodic payments can be useful for providing ongoing income, while one-time payments may be suitable for specific distributions. 🗓️💸

  3. Special Conditions:

    • Distribution Conditions: You can include special conditions for the distribution of assets, such as meeting certain requirements or approval by a guardian or board. These conditions help ensure that assets are distributed according to your intentions and needs. ⚖️📋
    • Use of Funds: Specify whether beneficiaries should use the assets for specific purposes, such as education, health, or investments. This allows the resources to be used in a manner aligned with your goals. 🎓🏥

  4. Contingency Planning:

    • Succession of Beneficiaries: Define a contingency plan in case a beneficiary dies or is unable to receive the assets. Establish who will receive those assets instead of the original beneficiary. 🔄🕊️
    • Rule Modification: Allows for the modification of distribution rules in the event of changes in the founder's financial situation or wishes. This ensures that the distribution remains relevant and effective over time. ✏️🔧

  5. Formal Documentation:

    • Constitution and Regulations: Make sure that distribution rules are clearly documented in the FIP's articles of incorporation and bylaws. These documents should detail how distributions will be made and any associated special conditions. 📜✍️
    • Review and Update: Periodically review and update the distribution rules to reflect changes in your goals or the beneficiaries' situation. This ensures that the distribution of assets remains aligned with your wishes. 🔍📅

Clearly defining the rules for asset distribution allows you to ensure that your assets are transferred according to your wishes and needs. By establishing precise criteria and clear mechanisms, you facilitate efficient and effective management of your assets. 🌟🔐

Modification of Beneficiaries and Statutes

Flexibility is one of the great advantages of a Private Interest Foundation (PIF). Over time, changes may arise in your circumstances or those of your beneficiaries, and it is crucial to have the ability to adjust both the beneficiaries and the statutes of the foundation to maintain alignment with your objectives. Here is how you can make these changes:

  1. Modification of Beneficiaries:

    • Change Process: To change the beneficiaries of the FIP, you must follow a formal process that usually involves updating the foundation documents. This may include the articles of incorporation and bylaws. Changes must be approved by the protector and/or the foundation council, as set out in the bylaws. ✍️🔄
    • Notification Requirements: Make sure to notify all current and future beneficiaries of any changes made. This is important to maintain transparency and ensure that all stakeholders are aware of any changes. 📢📜
    • Required Documentation: Prepare and submit the necessary documentation to register the changes in the public registry or any other relevant entity. The documentation may include a new list of beneficiaries and the reasons for the modification. 📑🖊️

  2. Amendment to the Statutes:

    • Review and Update: FIP statutes may need to be reviewed and updated to reflect changes in legislation, your objectives or the structure of the foundation. This process usually requires the preparation of an amendment document detailing the proposed changes. 🔍📋
    • Formal Approval: Amendments to the statutes must be approved by the protector, the founding council, or any other entity designated according to the internal regulations. This approval ensures that the changes are implemented properly and legally. ✅⚖️
    • Changelog: Once approved, changes must be recorded in the public registry and updated in the FIP's official documents. This ensures that the foundation remains compliant with legal regulations and reflects the updated structure. 🏛️📚

  3. Implementation Process:

    • Communication with the Parties Involved: Inform all beneficiaries and stakeholders of any changes made. Maintain clear communication to ensure everyone is aware of the changes and understands how they affect them. 📣💬
    • Periodic Review: Set up a schedule to periodically review your FIP's beneficiaries and statutes. This will help ensure that your foundation remains aligned with your goals as your needs and circumstances evolve. 📅🔄

Changing beneficiaries and bylaws gives you the flexibility to adapt to changes in your life and regulations. Make sure you follow the proper procedures to keep your FIP effective and compliant. 🔧📈

Advantages over traditional inheritance

Opting for a Private Interest Foundation (PIF) instead of traditional inheritance offers a number of significant advantages that can improve the efficiency of managing your estate and protecting your loved ones. Here's why a PIF may be a more advantageous option:

  1. Minimization of inheritance taxes:

    • Tax Efficiency: Unlike inheritance taxes that apply to traditional inheritances, FIPs in Panama are not subject to inheritance or gift taxes. This means that the estate transferred to the FIP will not face the tax burden normally associated with inheritance, allowing more of your assets to reach your beneficiaries intact. 💸🔒
    • Value Optimization: The absence of inheritance taxes allows the full value of the estate to be preserved and used more effectively, either for further investment or for distribution to beneficiaries. 📈💰

  2. Protection and Legal Security:

    • Asset Shielding: Assets transferred to a FIP are protected from outside claims and litigation, which is less effective in a traditional inheritance process. This robust protection ensures that your estate is not affected by potential legal issues or disputes. 🛡️⚖️
    • Confidentiality: Unlike wills, which are usually public documents, FIPs offer a high level of confidentiality. Information about assets and their distribution remains private, protecting your estate and avoiding family or public conflicts. 🔐👤

  3. Flexibility in Asset Allocation:

    • Custom Control: With a FIP, you can set detailed rules for the distribution of your assets, tailoring them to your specific needs and wishes. This allows for more precise and flexible planning compared to the traditional inheritance process, which often follows rigid, general rules. 📜🔧
    • Adaptation to Change: You can modify the beneficiaries and the distribution of assets in the FIP as needed, which provides flexibility that is not always available in the traditional inheritance system. 🧩🔄

  4. Efficiency in Management and Transfer:

    • Avoid Long Legal Processes: Traditional inheritance can involve lengthy and costly legal processes, whereas transferring assets through a FIP can be done more quickly and efficiently, avoiding unnecessary delays and expenses. ⏳💼
    • Administrative Simplicity: The administration of a FIP is more straightforward and less subject to the complexities of traditional succession laws. This simplifies the management of your estate and makes it easier to carry out your wishes. 📋✨

Choosing a FIP instead of a traditional inheritance can not only help you reduce taxes and protect your assets, but it also gives you greater flexibility and control over how your estate is distributed. It's a strategic choice to ensure your legacy is handled in the best possible way. 🌟🔍

Tax Aspects

Taxation of FIP in Panama with a US LLC Holding

When you establish a Private Interest Foundation (PIF) in Panama and manage it through a US LLC, you create an efficient tax structure that offers significant advantages. Here's how taxation works in this scenario:

  1. Tax Exemption in Panama:

    • Foreign Income: In Panama, income generated outside the country is not subject to local taxes. This means that any income your FIP owns from the Holding LLC in the US or from other international sources will not be taxed in Panama. This tax advantage allows you to keep more of the profits and optimize asset management. 🌍💸
    • Benefits of the Exemption: The foreign income tax exemption in Panama helps minimize the overall tax burden and allows for more flexible and efficient management of your assets. 📈🔍
  2. US LLC Tax Treatment:

    • Structure of the Holding LLC: The US Holding LLC and the Subsidiary LLC, both being Single Member Disregarded Entities, are not subject to federal corporate taxes. The income and expenses of the LLC are reported on the personal tax return of the LLC Head. This simplifies the reporting process and avoids double taxation. 🇺🇸💼
    • Fiscal Transparency: Since the LLC is ignored for tax purposes, profits and losses are passed directly to the owner (the foundation), facilitating more efficient tax planning and reducing tax complexity. 📊✅
  3. Global Tax Optimization:

    • Tax Avoidance Strategy: Combining a Panama FIP with two US LLCs allows you to take advantage of the tax benefits of both countries. International income is not taxed in Panama and the LLC offers flexibility in tax reporting in the US. This can result in a significant reduction of the total tax burden. 🌟🔍
    • Reinvestment of Profits: By minimizing the tax burden globally, you can reinvest the income obtained more efficiently, favoring the growth and protection of your assets. 💵📈
  4. Compliance with Local Regulations:

    • Obligations in Panama: Although the FIP benefits from tax exemption in Panama, annual reporting and maintenance requirements must be met. This includes filing basic accounting reports and renewing the foundation to ensure continued compliance. 📑✅
    • US Regulations: The LLC must comply with U.S. tax and reporting obligations, including filing annual returns and other forms (included in annual maintenance). Proper management of these obligations ensures that both entities operate within the appropriate legal and tax framework. 🇺🇸📋

The combination of a FIP in Panama with a Holding LLC and another Subsidiary in the US provides a robust and tax-efficient structure, maximizing benefits and protecting your assets with optimized tax administration. 🌐💼

The Trinity

Click to see its structure in detail.

Fiscal impact for beneficiaries

When a Private Interest Foundation (FIP) in Panama distributes profits to Spanish beneficiaries, it is essential to understand how this income will be reflected in your tax return in Panama. SpainHere we explain the different ways in which profits can be distributed and their corresponding tax impact:

Profit distributions (if they come from the Holding LLC through the FIP) 💸

If the FIP obtains income from a US LLC and these are distributed as profit distributions to the beneficiaries directly from the Holding LLC, the tax impact in Spain is as follows:

  • Description: Distributions of profits distributed through a FIP, but originating from a US LLC, are considered capital income. 
  • Fiscal ImpactIn Spain, profit distributions are taxed on the savings tax base of personal income tax. Tax rates vary between 19% and 30% depending on the amount received. This taxation is favourable compared to work income, which may have a higher rate.

Donations (if they come directly from the FIP) 🎁

  • Description: Donations made by the FIP to beneficiaries are considered income subject to Inheritance and Gift Tax.
  • Fiscal Impact: Donations are taxed based on the value received and the relationship with the donor. The rates vary from 14% to 64%:
    • Up to €50,000, taxation is 14%.
    • Up to €150,000, taxation is 22%.
    • Over €150,000, rates may be higher, depending on the autonomous community.

Donations in Kind (usufruct or payments in kind) 🏡

  • Description: Gifts in kind, such as a usufruct of an asset, are considered a form of income in kind. This includes the usufruct of real estate.
  • Fiscal Impact: In Spain, dividends are taxed as part of the savings tax base of personal income tax. Tax rates vary between 19% and 47% depending on the amount received.
    • Real Estate Usufruct: If the FIP grants usufruct over a property, 2% of the cadastral value is taxed annually.
    • Lifetime Usufruct: To calculate the tax on a life usufruct, the formula is used: 89 – your age in % of the cadastral value of the property. This percentage is paid annually as Inheritance and Gift Tax.
    • Usufruct of vehicle: The usufruct of a vehicle is also considered income in kind and is taxed annually with 10% of the value of the vehicle, which will depreciate year after year.

FIP loans:

  • Description: If the FIP grants a loan to a beneficiary, the interest generated must be reported.
  • Fiscal Impact: Interest generated by the loan is considered income in the savings tax base of the Personal Income Tax (IRPF) and is taxed in the same way as other capital income. The FIP does not pay IRNR on this interest; however, it is important to properly document any loan in order to comply with tax obligations.

Each form of distribution has its own tax implications. Maintaining good documentation and consulting with a tax advisor will help you optimize your tax burden and comply with regulations in Spain.

[IMPORTANT NOTE]: If you live in a country without ISD (Inheritance or Gift Tax) such as Andorra, or that distributions from foreign sources are tax-free, You will not have to pay absolutely anything for the money that you receive as a FIP beneficiary.

Asset Management and Leasing by a FIP

Property and Rental of Assets in Spain🏠🚗:

The FIP (Private Interest Foundation) You must not carry out economic activities in Spain directly under your own name, since, by definition, these entities are non-profit.

To operate in economic activities such as renting properties or vehicles, must do so through a subsidiary Spanish SL, which will comply with all tax and legal requirements applicable to commercial companies.

However, the FIP can acquire and manage assets on your behalf, such as real estate, vehicles or equipment, as long as they are intended for the direct use of their beneficiary and do not involve an actual economic activity.

Registration and Documentation Requirements📑🆔:

In the event that the FIP acquires properties for the use of its beneficiaries, it will have to register to have the capacity to acquire assets and pay taxes in Spanish territory, therefore it will have to obtain:

  • Foreigner Identification Number (NIE): In order to carry out economic activities in Spain, the FIP must obtain a NIE. This number is essential for tax identification and compliance with tax obligations in Spain for foreign entities and individuals.

Additional Considerations⚖️:

  • Contracts and Agreements: It is important to formalize rental contracts properly to ensure that the terms and conditions are clear and legally protected.

  • Regulatory Compliance: The FIP must comply with all tax and legal regulations in both Panama and Spain to avoid problems with the tax authorities and ensure efficient and legal management of its assets.

With proper planning and compliance, the FIP can make the most of its assets and generate additional income through rentals, while managing its tax obligations efficiently.

Tax returns and regulatory compliance

Tax Returns for FIP:

  • Annual Declaration in Panama: The Private Interest Foundation (FIP) in Panama must file an annual declaration (simple accounting if it only owns transparent LLCs), which includes information about its income, expenses, and assets. Although the FIP does not pay taxes on foreign income, it is necessary to maintain accurate accounting and file the declaration to comply with local regulations. 📊

Regulatory Compliance for FIP:

  • Panamanian Regulations: The FIP must comply with all Panamanian laws and regulations related to foundations, including the correct filing of annual reports and updating of records. This ensures that the foundation operates within the legal framework and maintains its tax-exempt status. 📑

  • Registration in Spain: If the FIP will have activities in Spain, such as holding real estate assets, it must register to obtain a Foreigner Identification Number (NIE). This registration facilitates compliance with Spanish regulations and ensures that the foundation can legally operate in the country and pay taxes (such as IBI or Real Estate Tax). 🏛️

Accounting and Auditing Requirements:

  • Record Keeping: The FIP must keep detailed records of all financial transactions, income, and expenses. This is crucial for accurate tax reporting and for any internal or external audit that may be required. 📚

  • Regular Audit: Although Panamanian FIPs are not required to conduct annual external audits, a periodic internal review helps ensure that all procedures and records comply with both Panamanian and Spanish regulations. This minimizes risks of non-compliance and facilitates transparent and efficient management. 🔍

Attention and Continuous Support:

  • Tax Advice: We offer ongoing support to resolve any queries related to tax reporting and regulatory compliance. Our team is available to ensure that all tax obligations are met efficiently and on time. 🧑‍💼

  • Regulatory Update: We stay abreast of any changes to relevant tax and regulatory laws to ensure your FIP and LLC adhere to new regulations and maintain their compliant status. 🌐

Ensuring that you comply with all tax and regulatory obligations is critical to the efficient and legal operation of your FIP and LLC. With proper management and expert support, you can minimize risks and focus on maximizing the benefits of your structure.

Using FIP in International Strategies

Combination of FIP with other offshore entities

Synergies with Offshore Structures:

The Private Interest Foundation (PIF) can be significantly enhanced when combined with other offshore entities, such as LLCs in the US, LLPs, SLs in Spain and OÜs in Estonia. Each type of entity offers unique benefits that, in combination with a PIF, can optimize asset protection and tax efficiency.

  • FIP and LLC in the USA: The LLC (Limited Liability Company) in the US is a flexible structure that can be used to manage businesses or assets. By having an LLC as a subsidiary of the FIP, the income generated by the LLC is channeled through the FIP, which can offer additional tax advantages and greater asset protection. The LLC structure also allows for a clear separation between the FIP's assets and business operations.

  • FIP and LLP (Limited Liability Partnership): Instead of an LLC, you can opt for an LLP. This structure allows for collaboration with other partners while maintaining limited liability protection. The LLP, combined with a FIP, can be used to manage investments or assets collaboratively, benefiting from the additional protection offered by the FIP.

  • FIP and SL in Spain: The Sociedad Limitada (SL) in Spain is a common business entity to operate in the country. Combining a FIP with an SL can be useful for managing local operations while protecting assets internationally. The FIP can act as the shareholder of the SL, facilitating asset protection and international tax planning.

  • FIP and OU in Estonia: The OÜ (Osaühing) is a company form in Estonia that offers significant tax advantages, including a very favourable dividend tax system. The OÜ, combined with a FIP, can optimise the tax management of income generated in Estonia and provide a flexible structure for managing assets and businesses in Eastern Europe.

Benefits of the Combination:

  • Global Tax Optimization: Combining a FIP with offshore entities such as LLCs, LLPs, SLs or OUs can take advantage of jurisdiction-specific tax benefits. For example, an OU in Estonia can offer advantages in dividend taxation, while an LLC in the US can provide flexibility in income management. The FIP acts as an umbrella to protect assets and optimize overall taxation.

  • Protection and Privacy: Using a FIP in conjunction with offshore entities enhances asset protection and privacy. The FIP protects assets from legal claims, while offshore entities provide additional layers of confidentiality and protection from public exposure.

    • Why do you think many athletes, celebrities or big businessmen turn to a Panamanian FIP? Because they know that privacy is a scarce commodity. The FIP not only protects your money, but also your identity and personal privacy against any public or legal exposure.

  • Diversification and Flexibility: These combinations allow for diversification of assets and operations across multiple jurisdictions. Flexibility in asset management and tax planning is maximized by combining structures that suit different needs and objectives.

Regulatory Considerations:

  • Compliance with Local and International Regulations: It is essential to comply with all local and international regulations in each jurisdiction. This includes filing appropriate tax reports and obtaining the necessary tax identifications in each country where entities operate.

  • Transparency and Declarations: Maintain transparency in all transactions and ensure you comply with reporting requirements in each jurisdiction to avoid legal issues. Correct reporting and compliance with tax obligations are crucial.

Consulting and Management:

  • Strategic Planning: Combining a FIP with other offshore entities should be carefully planned. Consulting with experts in international taxation and estate planning is essential to developing an efficient and legally compliant structure.

  • Continuous Maintenance: Managing and maintaining a combined structure requires ongoing attention. Make sure you receive ongoing advice to adapt the structure to regulatory changes and maintain tax optimization and asset protection.

Combining a FIP with LLCs, LLPs, SLs and OÜs offers a powerful strategy for asset protection and tax optimization. With proper planning and rigorous compliance, you can maximize the benefits of your structure and effectively protect your assets. 🌍🔒

Repatriation of Funds and Profits

Paying 0 is only possible if you live in a NON-Territorial country

Costa Rica, Panama, El Salvador, Dominican Republic, Cyprus, etc.

Introduction to Repatriation of Funds

Repatriation of funds and profits refers to the process of moving money or assets from a foreign entity or jurisdiction to your country of residence. This process is crucial to ensure that you can access and use your resources effectively, while complying with local and international tax regulations. Below, we explain how to manage this process correctly, using a Private Interest Foundation (PIF) and other offshore structures.

Repatriation of Funds Process

  • Planning and Strategy: Before repatriating funds, it is essential to design a clear strategy. This includes determining the amount and frequency of funds to be repatriated, as well as assessing the tax and legal implications in your country of residence. 💼

  • Regulatory Compliance: Make sure you comply with all regulations in both the country of origin (where the FIP or offshore entity is located) and the destination country. This includes checking capital transfer laws, meeting reporting requirements, and submitting appropriate documentation. 🏛️

  • Required Documentation: Gather and prepare all necessary documentation for repatriation. This may include audit reports, financial statements, and certificates of transfer of funds. Correct documentation is key to avoiding problems with tax authorities. 📑

Tax Aspects of Repatriation

  • Income tax: Repatriated funds may or may not be subject to tax in your country of residence. In Spain, for example, dividends or profits received from a FIP or offshore entity may be taxed in the savings tax base of the Personal Income Tax. Tax rates vary between 19% and 28% depending on the amount received. 📈

  • Dividend Treatment: If you repatriate dividends from an LLC or FIP, these are considered capital income. It is important to declare this income correctly and pay the corresponding taxes in your country of residence. 💸

  • Benefits Treatment: Profits generated by a FIP and repatriated through donations or as income must be reported according to local regulations. In Spain, FIP donations are taxed between 14% and 64%, since the degree of kinship is IV (unknown). 🎁

Declaration and Reporting Requirements

  • Reports and Statements: Make sure you file all necessary tax and financial statements in both your home and destination country. This includes reporting on repatriation of funds and any applicable taxes. 📝

Additional Considerations

  • Transfer Costs: Evaluate the costs associated with repatriating funds, including bank fees, notary fees, and possible transfer fees. It is important to consider these costs in your planning to avoid financial surprises. 💰

  • Professional Advice: Since repatriating funds can be complex, especially when dealing with offshore structures and multiple jurisdictions, having specialized tax and legal advice can help you manage the process efficiently and in compliance with the law. 🧑‍💼

Conclusion:

Repatriation of funds and profits is a crucial process in international asset management. With proper planning, regulatory compliance and the right advice, you can ensure that your funds are transferred effectively and in compliance with all tax obligations. 🌍💼

Risks and Legal Considerations

Legislative changes and their impact on FIPs

Introduction to Legislative Changes

Changes in tax and corporate legislation can have a significant impact on the structure and operation of Private Interest Foundations (PIFs). Staying abreast of these changes is essential to ensure your PIF remains compliant and takes advantage of any available tax benefits. Below, we explore how legislative changes may affect your PIF and what steps you can take to adapt to them.

Impact of Legislative Changes on FIPs

  • Modifications in Panamanian Regulations: Panamanian laws regarding foundations may change, affecting registration requirements, reporting procedures, and FIP management. Changes in legislation regarding the constitution and administration of foundations may influence how you operate and report your FIP. 📜

  • Changes in International Regulation: International regulations can also impact FIPs, especially in areas such as tax information exchange, transparency, and anti-money laundering practices. Adapting to these regulations is crucial to maintaining compliance and avoiding penalties. 🌐

  • Modifications in Spanish Tax Laws: Tax laws in Spain, including the taxation of dividends, donations and profits, may change. These changes may affect how income from the FIP is reported and taxed, as well as the tax implications for the beneficiaries. 📉

Legal insecurity in Spain

In Spain, legal uncertainty can be a significant challenge. Laws can be interpreted flexibly, meaning that the same rule can have different applications depending on the context and the interpretation made by the tax authorities. This uncertainty can create risks if not managed carefully. Therefore, it is crucial that your FIP is structured in a way that minimises legal and tax risks.

Measures to Adapt to Legislative Changes

  • Periodic Review of the Structure: Conduct periodic reviews of your FIP's structure and operation to ensure it complies with applicable laws and regulations. This includes updating legal documents, adapting administrative procedures, and reviewing tax policies. 🔄

  • Legal and Tax Advice: Consulting with specialized legal and tax advisors is critical to understanding how legislative changes may impact your FIP. These professionals can provide guidance on how to adjust your structure and operations to maintain compliance and optimize tax benefits. 🧑‍⚖️

  • Monitoring Legislative Updates: Stay informed about legislative updates in Panama and Spain, as well as internationally. This may involve subscribing to legal newsletters, participating in seminars, and consulting with tax law experts. 📣

Additional Considerations

  • Importance of Effective Control: It is critical that you never disclose effective control of the FIP as yours. Even if you do not have direct control over the FIP, if it is perceived that you have significant influence or control, you could face legal and tax issues. Keeping legal and operational control separate from effective ownership is crucial to protecting your structure and avoiding complications. 🛡️

  • Impact on Succession Planning: Changes in tax and foundation laws can impact estate planning and wealth management. Be sure to review and adjust estate and asset distribution plans in response to any legislative changes. 📈

  • Continuous Compliance: Compliance with current regulations is crucial to avoid legal and tax issues. Make sure your FIP meets all current legal and tax requirements and make adjustments in accordance with new regulations. ✅

Legislative changes can have a significant impact on the operation and management of Private Interest Foundations. Staying up to date on relevant laws, adjusting practices in accordance with new regulations and seeking professional advice can help ensure that your FIP continues to operate efficiently and legally. 🌍⚖️

How to ensure the legality of the FIP

Separation of Control and Benefits

To ensure that the Private Interest Foundation (PIF) operates legally and to prevent the Treasury or any tax authority from determining that the main beneficiary has effective control of the foundation, it is crucial to implement a series of strategic measures. These measures seek to ensure that the administration and management of the PIF are clearly separated from the beneficiary, thus avoiding possible tax and legal problems.

Use of Legal Representatives and External Administrators

  • Appointment of Legal Representatives: Assign legal representatives or external managers to manage the FIP. These representatives will act on behalf of the foundation and will be responsible for day-to-day management, ensuring that the primary beneficiary does not have a direct role in the management of the foundation. This helps to avoid demonstrating effective control. 🧑‍💼

  • Intermediaries and Management Companies: Hire specialized management companies or intermediaries to handle the operations and compliance of the FIP. These intermediaries will handle all administrative and reporting functions, minimizing the direct involvement of the primary beneficiary. 🏢

Use of Additional Corporate Structures

  • Creation of Intermediary Entities: Establishes intermediate entities, such as LLCs or other companies, to act as managers or administrators of the FIP. These entities can manage the operations and funds of the FIP in place of the primary beneficiary, reinforcing the separation between the beneficiary and the effective control of the foundation. 🔄

  • Management Contracts: Formalize management contracts between the FIP and the entities or individuals that manage the foundation. These contracts should clearly detail the responsibilities and limitations of the external administrators, ensuring that the primary beneficiary has no direct influence over operational decisions. 📜

Implementation of Policies and Procedures

  • Management Procedures: Establishes rigorous internal procedures for decision-making and management of the FIP. These procedures must be documented and strictly followed by external administrators, ensuring that all activities of the foundation are carried out in accordance with regulations and without influence from the main beneficiary. 📚

  • Transparency and Documentation: Maintain thorough documentation of all FIP activities and decisions. Transparency in management and proper documentation will help demonstrate that the foundation operates independently and in compliance with regulations. 📑

Ongoing Legal and Tax Advice

  • Consult with Experts: Work with specialized legal and tax advisors who can offer ongoing guidance on how to ensure the legality of the FIP. These experts can provide advice on the foundation structure, separation of control, and compliance requirements, helping to prevent problems with tax authorities. 🧑‍⚖️

  • Periodic Review: Conduct periodic reviews of the FIP's structure and administration to ensure it remains in compliance with laws and regulations. Audits and reviews can identify areas for improvement and help adjust practices to avoid legal issues. 🔍

Final Considerations

  • Avoid Direct Control: It is essential that the principal beneficiary does not exercise effective control over the FIP. The perception of control may lead the Treasury or any other tax authority to consider that the profits and assets of the foundation should be attributed to the principal beneficiary, which could result in tax problems and penalties. Maintaining a clear separation between the beneficiary and the management of the FIP is key to ensuring legality. 🚫

  • Compliance with Regulations: Ensure that all practices and structures used are in compliance with local and international regulations. Compliance with laws ensures that the FIP operates within the legal framework and prevents problems with tax authorities. 🌐

Ensuring the legality of a FIP involves careful planning and implementing measures to separate the effective control of the primary beneficiary from the management of the foundation. By using legal representatives, intermediary entities, and specialized advice, you can ensure that the FIP operates within legal boundaries and minimize fiscal and legal risks. With proper management and a focus on compliance, you can reap the benefits of the FIP while protecting its status and legality. 🌟💼

Use Cases and Practical Examples

FIP for the protection of family assets

A Private Interest Foundation (FIP) can be the key to protecting and managing family assets in an effective and secure manner. These structures, established in Panama, provide a robust legal framework that allows assets such as real estate, investments or businesses to be transferred under the ownership of the foundation. This move not only protects assets from potential legal or financial risks, but also ensures centralized management that supports long-term family goals.

The FIP allows for full control over the administration of assets, establishing clear guidelines for their management and distribution. The profits generated by these assets can be directed to the designated beneficiaries, respecting the wishes of the founder and avoiding conflicts between family members. The possibility of incorporating professional managers also ensures efficient administration, maximizing the returns on the protected assets.

A significant advantage of using a FIP is tax optimization. By operating under a favorable tax system like Panama's, tax burdens are reduced, which increases the real value of the assets. However, it is essential that the foundation strictly comply with legal regulations, both local and international, to ensure transparency and avoid sanctions.

The FIP not only protects heritage, but also facilitates its transmission and management, allowing families to preserve their legacy while ensuring stability and benefits for future generations. 🌟

FIP as a Succession Planning Tool

A Private Interest Foundation (PIF) is a versatile and effective solution for managing succession planning, ensuring that family assets are passed on in an orderly manner and in accordance with the founder's wishes. Through a PIF, it is possible to structure a clear plan for the distribution of assets, such as properties, investments and businesses, ensuring that beneficiaries receive their fair share without disputes or legal issues.

The flexibility of a FIP allows the founder to set specific rules for the transfer of his or her assets. This includes the designation of beneficiaries and the conditions under which they will receive the assets, either immediately or in stages as set out in the bylaws. This approach ensures that family goals are met, even in the absence of the founder, providing peace of mind and long-term stability.

Furthermore, the FIP acts as a shield against typical problems in succession processes, such as family disputes, excessive expenses in legal procedures or the risk of fragmentation of assets. By centralizing the assets under the foundation, management is simplified and exposure to unnecessary risks is avoided, protecting the assets against external claims.

Another relevant aspect is that the FIP allows for the integration of an efficient tax strategy into the inheritance process. Thanks to Panama's legal environment, the tax burden associated with the inheritance can be minimized, maximizing the net value that the beneficiaries will receive. This not only reduces costs, but also speeds up the transfer of assets.

A FIP is a powerful tool for succession planning, providing a clear and secure structure for the protection and distribution of family wealth. By establishing a FIP and transferring assets into it, you can ensure that your legacy is managed according to your wishes, minimise inheritance taxes and facilitate an orderly transition for future generations. 🌟🔐

FIP for the protection of business assets

A Private Interest Foundation (PIF) is a powerful tool to protect business assets and ensure their preservation against legal, financial or commercial risks. By transferring key properties, such as company shares, real estate, bank accounts or intellectual property rights, to the ownership of the PIF, these are protected against possible litigation, seizure or personal conflicts of the owner.

FIP acts as a legal shield, separating business assets from the risks associated with day-to-day business activities. This is especially useful in volatile or highly legally exposed industries, where protecting a company's essential assets can make the difference between stability and financial collapse.

In addition, a FIP allows the control and management of business assets to be structured in a clear and efficient manner. The foundation's bylaws can include specific rules for strategic decision-making, ensuring that the company's operations follow a long-term vision, even if the founder faces personal difficulties or is no longer able to lead directly.

From a tax perspective, the FIP offers the possibility of optimizing the tax burden associated with the management of these assets, taking advantage of the tax benefits offered by Panama. This not only increases the net return on business assets, but also facilitates reinvestment in the company itself or in new opportunities.

The FIP also simplifies business succession by allowing key shares or assets to be passed on in an orderly manner to subsequent generations or designated partners, avoiding internal disputes or unwanted fragmentation of ownership.

By establishing a FIP and transferring business assets to it, you can protect your business assets, optimize tax burdens, and ensure efficient and secure asset management. With proper planning and compliance with regulations, a FIP can be a robust solution for the protection of your business assets. 🌟🔐

Examples of successful FIP use cases

Learning about real success stories helps to understand how a Private Interest Foundation (FIP) can be a versatile and effective solution in different scenarios, from protecting assets to optimizing taxation. Below, we present outstanding cases that illustrate how this structure can offer concrete results in various contexts.

Family Asset Protection

  • Case Example: The Martinez Family
    • The Martinez family had a large estate consisting of real estate, investments and family businesses. Concerned about possible litigation and ensuring an orderly succession, they decided to create a FIP in Panama. Through this foundation, they transferred their valuable assets, ensuring professional and protected management.

      Results:

      • Legal Protection: The assets were protected from legal claims and personal financial problems.
      • Efficient Succession: A clear distribution plan was designed, avoiding disputes between heirs and ensuring that the founder's wishes were respected.

Effective Succession Planning

  • Case Example: The Lopez Family
    • The Lopez Family needed a solution to seamlessly transfer their wealth generationally, minimizing the tax impact and ensuring a smooth transition. They opted to establish a FIP, which facilitated the distribution of assets and provided a solid legal framework to manage the succession process.

      Results:

      • Tax Savings: They took advantage of Panama's tax advantages, significantly reducing inheritance taxes.
      • Orderly Management: The transfer of assets was carried out in a structured manner, reducing the risk of family conflict.

Business Asset Protection

  • Case Example: Fernandez Group
    • The Fernández Group, an established company with significant assets, sought to protect essential assets such as real estate, machinery and intellectual property rights from potential operational and financial risks. By creating a FIP in Panama, these assets were transferred and managed under the foundation's companies, leaving them outside the reach of external claims.

      Results:

      • Risk Isolation: Business assets were protected from financial problems or lawsuits.
      • Resource Optimization: Professional management and an efficient tax structure maximized the return on assets.

Use for Investment and Income Generation

  • Case Example: International Investors SA
    • A group of international investors were looking for a structure that would centralize the administration of their assets and optimize their tax burden. They created a FIP to manage their investments and properties in different jurisdictions, benefiting from Panama's tax advantages.

      Results:

      • Optimized Performance: The FIP allowed maximizing the income generated by the assets, reducing tax costs.
      • Simplified Management: Investment management was centralized, improving efficiency and reducing operational burden.

Combination with Other Offshore Entities

  • Case Study: Global Innovators LLC
    • An international technology company implemented a combined strategy that included a FIP in Panama, an LLC in the US and a SL in Spain. The LLC managed the operations in the US, the SL covered the activity in Spain, while the FIP protected the assets and facilitated global tax planning.

      Results:

      • International Tax Optimization: Tax benefits from each jurisdiction were leveraged to maximize overall efficiency.
      • Multi-Level Protection: Business and personal assets were protected, while regulatory compliance was guaranteed in each country.

These cases demonstrate the potential of a FIP to adapt to needs as diverse as asset protection, succession planning, or business and investment management. A well-designed structure can offer tangible benefits, ensuring security, efficiency and stability for those involved. 💼

FIP Maintenance and Administration

Asset management within the FIP

Effective asset management within a Private Interest Foundation (PIF) is crucial to ensure that assets are managed in accordance with the foundation's objectives and that benefits for beneficiaries are maximised. This section provides guidance on how to manage assets within a PIF, highlighting how key functions can be delegated to maintain discretion and operational efficiency.

Management Structure

  • Founding Council:
    • Composition: Within the FIP, the Foundation Council will have a nominal and symbolic role. Its members, which may include legal representatives and experts, will have limited functions and will not be involved in the day-to-day management of the FIP.
    • Responsibilities: The Foundation Council's responsibility is to maintain the FIP in good condition, ensuring compliance with legal requirements and covering maintenance costs. The Council does not actively participate in the day-to-day management of the assets.
  • Administrator or Manager:
    • Role: The actual management of the assets is delegated to the representative of the subsidiary LLC, who acts as the FIP manager. This LLC maintains a low profile and its role is to handle the daily operations, including the management of investments, properties and other assets.
    • Functions: The administrator or manager, through the LLC, oversees the management of assets, prepares financial reports and executes the decisions of the Foundation Council. The identity of the administrator is anonymous and his role is detailed only in the FIP's private internal regulations.

Financial Asset Management

  • Investments:
    • Investment Strategy: The FIP, through its subsidiary LLCs, may invest in various financial instruments, such as stocks, bonds or investment funds. 
    • Monitoring and Review: The subsidiary LLC continuously monitors the investments to ensure that they remain in line with the established strategy and adjust to market conditions.
  • Bank Accounts:
    • Without bank accounts: FIP will never manage funds through any bank account directly. Assets and expenses will always be managed by a subsidiary LLC.

Real Estate Asset Management

  • Real Estate Properties:
    • Acquisition and Sale: The FIP may acquire, hold or sell real estate properties as long as they follow its internal statutes and are not for profit. Decisions on these transactions must be based on market analysis and compliance with the foundation's objectives, and are intermediated by the subsidiary LLC.
    • Rental and Maintenance: If the properties are rented, a Spanish limited company will manage the rental contracts, the collection of rents and the maintenance of the properties, including the handling of taxes and related expenses.

Enterprise Asset Management

  • Business Operations:
    • Business Administration: Shares in companies must be in the name of a subsidiary LLC, which will oversee the performance of the companies and ensure that they align with the objectives of the foundation and the LLC.
    • Regulatory Compliance: The subsidiary LLC is responsible for ensuring that companies operate in accordance with local and international laws and comply with tax regulations.
  • Dividends and Profits:
    • Distribution of Benefits: Profits generated by the companies must be managed and distributed in accordance with the policies established by the Founding Council, under the administration of the subsidiary LLC.

Records and Documentation

  • Record Keeping:
    • Complete Documentation: The FIP must keep detailed records of all financial transactions, management decisions and any other relevant documents. The subsidiary holding LLC handles accounting, contracts and correspondence.
    • Audit and Reviews: Although FIPs in Panama are not required to undergo annual external audits, the subsidiary LLC may conduct internal audits or periodic reviews to ensure transparency and compliance with regulations.

Regulatory and Legal Compliance

  • Local and International Regulations:
    • Legal Compliance: The FIP must comply with Panamanian laws and international regulations related to asset management. This includes filing annual reports and updating records, tasks that are handled by the subsidiary LLC.
  • Tax Obligations:
    • Tax Returns: The subsidiary LLC ensures that all tax obligations are met both in Panama and in any other jurisdiction in which the FIP operates. This includes filing tax returns and paying any applicable taxes.

Asset management within a FIP requires a well-defined structure and proper delegation of responsibilities. With a Foundation Council that maintains legal compliance and a subsidiary LLC that handles day-to-day management and asset administration, an efficient and compliant operation is guaranteed. This structure not only ensures effective management, but also provides an additional level of discretion and protection for the FIP's assets. 🌟📊

Comparative Advantages of FIPs in Panama

Panama vs. other offshore jurisdictions

The Private Interest Foundation (PIF) in Panama is an effective tool for asset protection and management, but there are other offshore alternatives that can also offer benefits depending on specific needs. Below are some of the main alternatives to the Panamanian PIF, including foundations in Spain, Liechtenstein, and trusts in the United States.

Foundation in Spain

  • Advantages:
    • Stable Regulation: Foundations in Spain are regulated by the Foundations Law and the Civil Code, providing a well-structured legal framework.
    • Legal Recognition: They are widely recognized and accepted in Spain and the European Union.
    • Transparency: Complies with transparency regulations that can increase trust and legitimacy.

  • Disadvantages:
    • Public Transparency: Greater transparency is required, with information on beneficiaries and assets publicly accessible.
    • Costs and Complexity: Establishment and maintenance costs may be higher due to regulatory and administrative requirements.
    • Tax Limitations: The tax structure and benefits may be less favorable compared to other offshore jurisdictions.

Foundation in Liechtenstein

  • Advantages:
    • Asset Protection: Liechtenstein offers strong asset protection with a solid legal structure.
    • Privacy: High confidentiality and protection of data on beneficiaries and assets.
    • Flexibility: It enables a wide range of activities and structures, including investment management and asset protection.

  • Disadvantages:
    • High Costs: The costs of incorporation and maintenance can be high.
    • Administrative Complexity: Administration can be more complex due to detailed regulations and compliance requirements.
    • Taxation: Although taxation is favourable, there may be tax and reporting obligations in other jurisdictions where the assets are located.

Trust in the United States (especially in Delaware or Nevada)

  • Advantages:
    • Flexibility and Personalization: Trusts in the US allow for great flexibility in terms of asset management and distribution.
    • Confidentiality: They offer a level of privacy, especially in states like Delaware and Nevada, which have favorable laws for trusts.
    • Stable Legal Structure: Trusts are well regulated and have a robust legal framework.

  • Disadvantages:
    • Recognition in Spain: Trusts are not legally recognised in Spain, which can make their use complicated for Spanish tax residents.
    • International Complexity: Administration and compliance can be complex due to differences in tax and reporting laws between the US and Spain.
    • Administration Costs: Managing a trust may involve additional costs due to the need for intermediaries and specialized administration services.

Limited Company (SL) in Spain

  • Advantages:
    • Family Structure: Suitable for managing and protecting family assets with a well-understood structure.
    • Clear Regulation: The SL is subject to clear and stable regulation under the Spanish legal framework.
    • Tax Benefits: In some cases, it may offer tax benefits depending on the activity and structure of the company.

  • Disadvantages:
    • Taxation and Requirements: The SL is subject to Spanish tax legislation, which may involve high taxes and reporting requirements.
    • Less Privacy: The SL does not offer the same level of privacy as offshore foundations, and the owners' information is public.

Joint Stock Company in Estonia (OÜ)

  • Advantages:
    • Efficiency in Registration: Estonia offers a fast and efficient registration process for its joint stock company (OU) structure.
    • Favorable Taxation: It offers a favorable tax environment with competitive corporate taxes.
    • Digitalization: The country is known for its advanced digital infrastructure, facilitating remote business management.

  • Disadvantages:
    • Residency Requirements: There may be residency requirements for establishment and effective management.
    • European Regulation: As a member of the EU, regulations and transparency requirements may be stricter compared to jurisdictions outside the EU.
    • Asset Protection Limited: Asset protection may not be as robust as in specialized wealth protection jurisdictions.

Each jurisdiction and entity type offers advantages and disadvantages depending on the specific purpose of estate planning or asset management. While the FIP in Panama provides a robust and flexible structure with high levels of privacy, other options such as foundations in Spain and Liechtenstein, and trusts in the US, may be more suitable depending on the particular objectives and needs of the interested parties. Evaluating each option based on its features, costs and benefits will help to choose the structure that best suits the financial and asset protection objectives. 🌐💼

Conclusion

Summary of key benefits of FIPs

The Private Interest Foundation (PIF) in Panama offers a number of distinctive advantages that make it an attractive option for asset protection and management. Below is a summary of the key benefits that make PIFs stand out compared to other offshore structures:

Asset Protection

  • Benefit:
    • Legal Protection: Assets transferred to a FIP are protected from creditor claims and personal litigation. The FIP's legal structure ensures that assets are kept out of the reach of financial or legal problems faced by the founder.
    • Explanation: The FIP allows assets to be isolated from the founder's personal risks, ensuring their long-term protection. This feature is essential for those who wish to safeguard their assets from potential disputes or legal problems.

Confidentiality and Privacy

  • Benefit:
    • High Privacy: The FIP offers a high level of confidentiality regarding the identity of beneficiaries and asset information. This is crucial for those seeking to maintain privacy regarding their wealth and financial decisions.
    • Explanation: Unlike other jurisdictions where information about beneficiaries can be public, FIPs in Panama allow privacy to be maintained, which can be a determining factor for those concerned about the exposure of their assets.

Miguel, owner of a technology company, never thought about how important it was to maintain his privacy until sensitive data from some direct competitors was leaked. Concerned about protecting his financial and personal information, he decided to bet on a Panamanian FIP. Now his businesses are protected against leaks and curious people, giving him complete peace of mind and control over who accesses sensitive information about his assets and family.

Flexibility in Structure and Administration

  • Benefit:
    • Adaptability: The FIP allows for great flexibility in its structure, allowing it to adapt to different needs and objectives. This includes the possibility of defining how assets should be managed and distributed, as well as the option of using representatives and managers.
    • Explanation: Flexibility in administration allows founders to design the FIP according to their specific needs, facilitating asset management and succession planning in a personalized way.

Tax Advantages

  • Benefit:
    • Favorable Tax Structure: The FIP in Panama benefits from a favorable tax environment, with tax exemptions on income generated outside Panama. This can result in significant tax optimization.
    • Explanation: The tax structure in Panama allows income generated outside the country not to be subject to Panamanian taxes, which can reduce the overall tax burden and improve financial efficiency.

Efficiency in Succession Planning

  • Benefit:
    • Transfer of Assets: The FIP facilitates the planning and transmission of assets to subsequent generations in an orderly manner and in accordance with the founder's wishes.
    • Explanation: The FIP provides a clear framework for the transfer of assets to beneficiaries, ensuring that the founder's wishes are carried out and minimising family disputes and inheritance issues.

Regulation and Effective Compliance

  • Benefit:
    • Efficient Legal Compliance: Despite the high level of privacy, the FIP in Panama complies with international and local legal requirements, avoiding problems with tax authorities and ensuring effective administration.
    • Explanation: FIP's legal structure ensures that it remains in compliance with Panamanian laws and relevant international regulations, providing peace of mind and stability in its operation.

The Private Interest Foundation (FIP) in Panama stands out as a robust tool for asset protection and estate planning, offering a unique combination of asset protection, confidentiality, flexibility, tax advantages and efficiency in administration. These characteristics make the FIP a valuable option for those seeking a comprehensive solution tailored to their wealth protection and management needs. 🌟🔐

Next steps to establish a FIP

Setting up a Private Interest Foundation (FIP) in Panama, along with an associated LLC, can be a simple process if you know how to do it. We take care of all the management and execution; we just need you to provide us with some key information. Here are the essential steps:

1. Define your Activity and Objectives

Please confirm that your LLC activity is 100% digital. We also need to know how you plan to use the FIP – to protect assets, manage investments, or plan for succession? This will help us design the perfect structure for your needs.

Please provide us with details of the assets you will transfer to the FIP, such as properties, investments or specific assets. Tell us how you want them to be managed: rental, professional management or sale? We will then prepare a plan accordingly.

Decide how you want your benefits and assets to be distributed in the event of your death. State who the beneficiaries will be and what instructions must be followed to ensure your wishes are carried out.

Share with us your IDs, proof of residence and any relevant information. We will take care of drafting and reviewing all legal documents, from the founding deed to the internal regulations.

We will take care of the Panama FIP registration and LLC setup, from obtaining the necessary tax numbers to ensuring everything is compliant with local regulations.

We will help you appoint managers and establish management procedures to keep everything running efficiently. Our team will oversee that both entities operate optimally.

 

We will conduct regular reviews to ensure everything is aligned with your goals. If there are changes in legislation or your situation, we will adjust the structure as necessary.

With these clear steps and professional management from us, your FIP and LLC will be ready to meet your goals, whether it's protecting your assets, optimizing taxes, or planning for the future. You decide the direction, we do the rest. 🌟✨

Importance of Professional Advice

Creating and managing a Private Interest Foundation (FIP) in Panama together with an associated LLC may seem complicated, but with the right advice, everything becomes much simpler. Why is it so important to have an expert advisor? Here I explain:

First, a good advisor makes sure that your FIP and LLC comply with all regulations, both in Panama and anywhere else. This protects you from legal problems and possible sanctions, keeping your structures within the law.

In addition, advisors have the ability to create tax strategies that allow you to maximize your benefits and reduce the tax burden to a minimum, taking full advantage of the advantages offered by these structures. In short: more savings for you and better optimization of your assets 💰.

Experience in administration is another big plus. A professional knows how to manage your assets, coordinate all the paperwork, and make sure everything runs smoothly, just as you planned.

They also help you plan succession and protect your assets, ensuring that your assets are well distributed and protected in the long term. This gives you the peace of mind of knowing that your assets are in good hands 🛡️.

And, if that were not enough, an advisor keeps you up to date with any change in the laws, allowing you to adjust your structure quickly to avoid problems and keep everything running smoothly.

With the help of a professional advisor, you can simplify this entire process and ensure that your FIP and LLC are well managed and aligned with your goals. You just have to worry about what really matters! 🌟📊

Preparing for the future: Protect, Plan, Thrive

The Private Interest Foundation (PIF), combined with structures such as the LLC, is a powerful tool to efficiently protect and manage your assets, plan your succession and optimize your tax burden. Preparing for the future is key to achieving your goals effectively and sustainably. Here is a guide to maximizing the value of your structure and ensuring a prosperous future:

 

Protect: Safeguard your Assets 🛡️

Aim:

Protect your Assets: The FIP is your best tool to protect your assets against legal, financial and personal risks. With a well-designed structure, you can guarantee the safety of your assets and minimize your exposure to claims or litigation.


Key Actions:

  • Strengthens the Structure: Make sure your FIP is properly set up and complies with all legal regulations, offering an optimal level of protection. Update its structure if circumstances or laws change.

  • Manage Documentation: Keep statutes, internal regulations and contracts related to assets up to date. Well-organized documentation reinforces legal certainty and facilitates any necessary revisions or adjustments.

  • Ensure Legal Compliance: Regularly check that the FIP complies with applicable local and international laws. Having the support of a trusted legal advisor will help you keep the structure protected and in compliance.

Plan: Design a Sustainable Future 📅

Aim:

Comprehensive Long-Term Strategy: Design a strategic plan that combines asset management, succession, and tax optimization. Make sure each aspect is aligned with your future goals and prepared to adapt to any changes along the way.


Key Actions:

  • Smart Succession Planning: It establishes a clear framework for the distribution of assets and benefits among beneficiaries, ensuring an orderly and efficient transition. It includes flexible mechanisms to adapt to future needs.

  • Constant Update: Periodically review your structure and strategy to reflect changes in laws, regulations, or your own objectives. Flexibility is key to maintaining the effectiveness of your plan over time.

  • Permanent Expert Advice: Continuously collaborate with legal, tax and financial advisors to ensure your strategy remains optimized and aligned with your interests in an ever-evolving environment.

Thrive: Maximize Profits and Growth 📈

Aim:

Optimization and Growth of Assets: Maximize the tax and governance advantages offered by FIPs and LLCs to drive sustainable growth and ensure long-term prosperity.


Key Actions:

  • Smart Investment Strategies: Design an investment plan tailored to your FIP's objectives, making sure to adjust strategies based on market conditions to optimize the performance of your assets.

  • Strategic Diversification: Expands the portfolio of assets within FIP's subsidiary companies, including real estate, financial investments and other assets, to balance risk and maximize growth opportunities.

  • Planned Reinvestment: Analyze the profits generated and strategically allocate them to new investments or projects that increase the overall value of your assets and ensure their sustained expansion.

Preparing for the future with a FIP and LLC gives you a solid foundation to protect your assets, plan effectively, and thrive in an ever-changing environment. By focusing on protecting your assets, planning strategically, and maximizing profits, you ensure that your structure not only meets your current goals, but also adapts and thrives as your needs evolve.

With the right combination of planning and advice, you can build a lasting legacy and secure a solid financial future for yourself and your loved ones. 🌟🔒

🚀 Every day that goes by without protecting your assets is an unnecessary risk. Act today, because tomorrow may be too late.

If after reading this guide you are sure that your assets deserve total protection, you already know what to do.

Are you ready to take the next step and protect what really matters? 🔐

The decision is now yours: You can keep taking risks or you can start protecting what you've built right now. We already know which option you would choose.

Ready to take the next step? Contact us and let's start protecting your future and that of your family today.

FAQ - Frequently Asked Questions

  • A FIP is a legal entity created in Panama that is used for the protection and administration of assets. Unlike traditional foundations, a FIP has a private purpose and is not designed for public charitable activities.
  • Benefits include asset protection from claims, estate planning, confidentiality of ownership, and potential tax advantages, depending on the jurisdiction.
  • While both are used to protect and manage assets, FIPs offer greater privacy and direct control over assets by the founder. Trusts, on the other hand, are more common in Anglo-Saxon jurisdictions and may offer more flexibility in certain legal contexts.
  • Yes, it is legal, as long as all applicable tax and legal regulations in Spain and Panama are complied with. It is important to declare assets and comply with tax obligations to avoid legal problems.
  • ✅ Founder (can be a natural person or legal entity)
  • ✅ Beneficiaries (clearly identified)
  • ✅ Nominal founding council (we provide it) or Foundation with a minimum of 3 members
  • ✅ Resident Agent (Local Panamanian Lawyer)
  • ✅ Basic documentation (Passport, ID, address)
  • Tax obligations depend on whether or not assets are held or whether profits have been distributed directly or indirectly to beneficiaries. It is essential to correctly report assets and comply with tax reporting obligations under Spanish regulations.
  • A FIP can include a wide range of assets through its subsidiary companies, such as real estate, bank accounts, investments, businesses, and other tangible or intangible property.
  • FIPs in Panama offer a high degree of confidentiality as information about founders and beneficiaries is not made public. However, this privacy must be managed within compliance with anti-money laundering laws and tax regulations.
  • Yes, it is possible to modify the beneficiaries of a FIP, as well as other aspects of the founding regulations, depending on the provisions established at the time of its creation.
  • Establishment and maintenance costs can vary. They typically include registration fees, annual administration costs, and possible legal and advisory fees. It is important to consider these costs when evaluating the viability of a FIP.
  • The FIP may continue to exist notwithstanding the death of the founder. The assets will be managed according to the provisions set out in the founding regulations, which may include distribution to beneficiaries or continuing the administration of the assets.
  • To liquidate a FIP, the procedures set out in the founding regulations and applicable Panamanian laws must be followed. This generally involves the distribution of the remaining assets to the beneficiaries and the formal dissolution of the entity.
  • A Panamanian FIP can be the owner or shareholder of a US LLC. This combination allows the FIP to benefit from asset protection and succession planning along with the operational and tax flexibility of a US LLC.
  • The use of structures such as a FIP and an LLC is not in itself tax avoidance (let alone evasion) if they are used in accordance with the law and all tax obligations are met. However, it is crucial to obtain legal and tax advice to ensure compliance with Spanish laws.
  • Panama applies a territorial regime, meaning that income generated outside the country is not subject to tax in Panama. If a FIP owns an LLC in the US, the LLC's income is not taxed in Panama, but tax obligations in the US and Spain must be considered.
  • FIPs can make donations according to the founder's instructions. It is important that these donations are properly registered and the tax implications are considered in both Panama and Spain.
  • Distributions of profits from a FIP to beneficiaries in Spain are considered income and are subject to the corresponding taxation according to Spanish tax regulations. It is essential to declare this income to avoid penalties.
  • A FIP can own and grant usufruct of real estate or vehicles to its beneficiaries. The usufruct allows the beneficiaries to use the property without being the owner. In Spain, this usufruct may be subject to tax and must be declared correctly.
  • The usufruct of assets such as houses or vehicles is considered a real right and may be subject to Personal Income Tax (IRPF) and Wealth Tax in Spain. In addition, the acquisition of usufruct may be subject to Inheritance and Gift Tax.
  • Profits from a US LLC can be distributed to a Panama FIP without being subject to Panamanian taxes. However, tax obligations in the US and Spain must be considered if the beneficiaries are tax residents there.
  • It is crucial to understand the tax rules of each country involved. While a FIP can facilitate the management and protection of international investments, the income generated may be subject to tax in the jurisdictions where it is generated and where the beneficiaries reside (in the case of Spain, there is the IRNR).
  • Yes, a PIF can own real estate properties in multiple countries. However, the taxation of these properties will depend on the location of the properties and the tax laws applicable in each jurisdiction.
  • FIPs must comply with the Anti-Money Laundering Act. This includes the obligation to identify beneficial owners and ensure that transactions are not used for illicit purposes.
  • Failure to properly declare assets can result in significant penalties, including large fines, tax evasion charges, and other legal penalties, as well as reputational damage.
  • The CRS is a global standard for the automatic exchange of financial information between countries. FIPs and LLCs must comply with these regulations, which means that information about assets held and income generated can be shared with the Spanish tax authorities.
  • Protectors are figures appointed to oversee the actions of the foundation council and protect the interests of the beneficiaries. They may have significant powers to influence the management of the FIP, including the power to veto important decisions.