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Foreign Nationals Protect Your Investment
May 27, 2011Posted by on
Foreign Nationals Protect Your Investment Assets in the Philippines
Currently foreign nationals are not allowed the specific right to hold Philippine land in their individual name. They are however allowed full and complete ownership in their individual name of a Philippine condominium.
The easiest and securest way for a foreigner to hold title of Philippine land, is to create a Philippine corporation to hold title. Either a stock or LLC type corporation. LLC is the simplest form to create, and just as secure as a stock corporation. Many foreign individuals and companies form an LLC type of Philippine corporation.
Incorporating allows the foreign national through their Philippine corporation the best way to own Philippine land with the lowest risk and the most control over of their Philippine investment assets. Along with a Power of Attorney, and Declaration of Trust agreements, from the Filipino co-incorporator, foreign nationals are now assured that their Philippine investment assets are secure, and under their control.
The best and easiest form of Philippine corporation for a foreign national to form is a Limited Liability company. A limited liability company (“LLC”) is a legal form of business company that is an amalgam between a partnership and a corporation. The members have the same tax benefits as a partnership (unless the members of the LLC elect to be taxed as a corporation) at the same time being able to take advantage of the limited liability for the actions, obligations and debts characteristics of a corporation
Advantages of an LLC
Limited Liability. Like the shareholders of a corporation, the owners (called ‘members’) of an LLC have limited liability for business debts.
Pass-Through Taxation. An LLC with multiple owners will, by default, be taxed as a partnership. Owners report their share of the profits and losses of the LLC on their personal tax returns, and no separate tax is assessed on the company itself.
Management Flexibility. LLCs have much more management flexibility than corporations. An LLC may be managed either directly by its owners or by a manager who may be one of the members or may be hired to run the business. An LLC may have an unlimited number of owners.
Simple Record Keeping. Unlike corporations, LLCs are not required to hold an annual meeting and draft meeting minutes.
Deductible Expenses. Similar to a corporation, normal business expenses like an owner’s salary may be deducted from the profits of an LLC before the LLC’s income is allocated to its owners for tax purposes.
Flexible Profit & Loss Allocations. Unlike a corporation, an LLC is not required to allocate profits and losses in proportion to ownership interest (“member interest’). This means that the owners of an LLC can agree to allocate the company’s profits and losses among themselves however they see fit and not necessarily based on the percentage of the company each owner controls.
Disadvantages of Limited Liability Company
Limited Life: Corporations can live forever, whereas a LLC is dissolved when a member dies or undergoes bankruptcy.
Initial Public Offering: Business owners with plans to sell shares of their company to the public, or issuing employee shares in the future, may be best served by choosing a corporate business structure.
Added Complexity: Running a sole-proprietorship or partnership will have less paperwork and complexity. As a foreign national, your LLC will have no choice but to be classified as a corporation for tax purposes.
Foreign National Buyers
We provide foreign nationals wishing to purchase a home lot in Monterrazas de Cebu, stock or LLC incorporation services, so you can purchase and hold title in your corporate name with complete security and control over your investment.