CARIBBEAN TODAY LESLIE A. SHARE AND MICHAEL ROSENBERG So-called offshore "tax haven" jurisdictions such as the Cayman Islands, The Bahamas, and the British Virgin Islands have traditionally served as the preferred choices for for- eign individuals to form holding companies and trusts. Similarly, many United States persons use them as well for such purposes, and keep them fully compliant with the related U.S. tax requirements. In most cases, these structures are created for completely legitimate business or personal reasons. On the other hand, there are of course some individuals and entities which attempt to use tax haven companies to hide assets and income from their home country tax authorities. In recent years, these activities have undergone intense scrutiny by the Internal Revenue Service (IRS) and the U.S. Congress, and numerous "secret" offshore schemes have been uncovered. In this regard, on Aug. 1, 2006, the U.S. Senate Permanent Subcommittee on Investigation issued an extensive 370 page report entitled "Tax Haven Abuses: The Enablers, The Tools and Secrecy" (the report). STRUGGLE Commissioner of Internal Revenue Mark Everson testified before this subcommittee that the report reviews the struggles of the U.S. government to com- bat the alleged use of Caribbean and other offshore financial cen- ters to hide trillions of dollars of assets, avoid taxes on billions of dollars of income, and partici- pate in money laundering. As one example, the report mentions that Enron Corporation, one of the most notorious users of offshore struc- tures, formed 441 offshore enti- ties in the Cayman Islands in a single year. The expressed purpose of the report is to "open the black * Help reception for small busi- nesses The Miami-Dade Department of Business Development will be holding a reception at 6 p.m. Oct. 11 at the Continental National Bank of Miami, 1801 S.W. 1st St., to kick off its new program that guarantees loans to Community Small Business Enterprise (CSBE) and Small Business Enterprise (SBE) firms. The program relieves some of the financial burdens these compa- nies encounter as small business contractors/vendors when awarded county contracts guarantees loans for CSBE and SBE firms performing on county contracts, through a partnership with Continental Enron Corporation once formed 441 off shore entities in a single year in the Cayman Islands. box" of how financial profes- sionals allegedly help their clients conceal and secretly uti- lize foreign offshore assets while circumventing or violating U.S. tax, securities, and anti-money laundering laws. It then reviews a number of fascinating case his- tories where various "promot- ers" recruited clients over the Internet, prepared an ..!,i...ii. how-to manual", and devised various complex trust and securi- ties transactions schemes for shielding their activities from law enforcement authorities. 'SPIDER WEB' The most detailed and inter- esting case history discussion involved the use of a virtual "spi- der web" of 58 non-U.S. trusts and corporations and a wide range of offshore mechanisms to exercise control over their assets and $600 million in related investment gains. In essence, the report pro- vides a roadmap of the beliefs of the U.S. tax authorities on "how not to" establish and maintain offshore structures. As a bottom-line, if any for- eign or U.S. investor still believes that the use of a "secret" tax haven will forever shelter their investments from the prying eyes of the various legal authorities, a casual review BUSINESS BRIEFS National Bank of Miami. * 30th Miami trade confab Dec. 4-6 The effect of recent initiatives such as the Caribbean Single Market will be among the issues assessed at the 30th Miami Conference on trade and invest- ments scheduled for Dec. 4-6. Will the Caribbean be able to effectively integrate and create a truly single market space that allows for increased regional and foreign direct investment? Is CAFTA-DR delivering on its prom- ise or is there significant work left to be done to make Central American economies competitive? Those subjects will be discussed of the report should put an end to such foolishness. Although the report gener- ally targets U.S. taxpayers rather than foreign persons with no direct U.S. connections, it does inevitably give rise to the practi- cal problem of potentially "taint- ing" the honest, legitimate uses of low or no-tax Caribbean and other jurisdictions like the British Virgin Islands; the Cayman Islands, and The Bahamas. In our experience, foreign investors using these jurisdictions to hold their U.S. assets have sometimes been misidentified as U.S. persons or as having engaged in illegal activities, which has caused them numerous related difficulties and professional expenses to clarify their situations. Professional advisors will therefore need to carefully con- sider these types of potential issues with respect to each per- son's individual circumstances. Leslie A. Share and Michael Rosenberg are shareholders with the Coral Gables law firm of Packman, Neuwahl & Rosenberg, and can be reached at 305-665-3311. 0 by leaders from the region at the three-day event. * Belize banking on CABEI Belize has signed an agreement making it a non-founding benefici- ary member of the Central American Bank for Economic Integration (CABEI). CABEI, established by the governments of Guatemala, El Salvador, Honduras, Costa Rica and Nicaragua, aims to contribute to the social and economic development of the Central American region. Compiled from CMC and other sources. 0 Miami-Dade offers free public business seminars | roughout October the Miami-Dade Enterprise Community Center (ECC) will be conducting a free public business plan lab and seminars for aspiring entrepreneurs in South Florida. Those participating in the "Emerging and Expanding Business Seminars Series" can receive the ECC Certificate Program upon completing the seminar series. Seminars will be held at 3050 Biscayne Blvd., Suite 201 in Miami. They will be divid- ed in two parts consisting of the "Emerging BuIii,,' and the "Expanding Business Series". Among the topics to be discussed are assets, manage- ment, legal contracts for small business owners, business plans and government con- tracting, business licenses and taxes, loans, and how to start a successful business. HELP The ECC is a division of the Miami-Dade Empowerment Trust. The mission of the ECC is to maximize the opportunities for entrepreneurs and small business owners to succeed in Miami-Dade County and con- tribute to its economic growth by providing a wide array of business services through a "One Stop Entrepreneurial Center". The center offers a small business resource library and daily one on one business counseling. The ECC houses non- profit organizations, public and private lenders and gov- ernment agencies like the Minority Business Enterprise Center, a component of the United States Department of Commerce Minority Business Development Agency (MBDA). The pur- pose of this office is to foster the establishment and growth of minority-owned businesses in America. For additional informa- tion and to register, call 305- 579-2730. 0 GEORGETOWN, Guyana - The Guyana government has confirmed that the country's largest trade and investment exposition, GUYEXPO, will proceed as planned this month. Tourism, Industry and Commerce Minister Manniram Prashad said the event would take place from Oct. 26-31. Prashad, said he had met with the GUYEXPO Committee to discuss prepara- tory works and site designing and that the event would be held under the theme "Exhibiting Excellence". Organizers said they expect more than 80,000 peo- ple to attend the exposition that provides local companies with an avenue to promote their products. The state- owned Guyana Chronicle newspaper had reported there were fears that the exposition would have been postponed this year, because of the Aug.t 28 regional and general elec- tions that had been won by the incumbent People's Progressive Party Civic (PPPC). Prashad said GUYEXPO has contributed significantly to the economy, as many local enterprises, small and large, have been able to clinch lucra- tive deals. 0 ALTHEA M.ITAYLO Handling all your loan needs.. R 5, de vr i oI Ioo R , d i.n r uI I c, r s, ian cr, a iis 0 (m m e f fI a[I10 n0 U B I ri e > .ILa F1 6073 NORTHWEST 167TH STREET SUITE C-27 MIAMI. FLORIDA 33015 CELL. 954.270.9026 ALTHEATAYLOR@HOTMAIL.COM BU.S. Senate targets foreign tax haven abuses U.S. Senate targets foreign tax haven abuses Guyana 'Exhibiting Excellence' with trade expo Oct. 26-31 October 2006