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SERVICES

CM Skye offers a range of services to private clients, entrepreneurs and their enterprises, as well as investment professionals and commercial organisations, around the world:

TRUSTS

The worldwide use of trusts is now well established. In common usage for centuries in Britain and countries that have legal systems derived from English law, there is now an increasing awareness in many, both common law and some civil law, jurisdictions of the trust concept and its advantages.

There are of course alternatives such as the Foundation or Family Limited Partnerships, and CM Skye is experienced across all such structures.

Trust structures are designed to satisfy many important client requirements. They may:

  • Legitimately reduce or eliminate income tax, capital gains tax and estate/inheritance tax liabilities
  • Preserve the ownership of highly regarded assets such as family companies
  • Provide simple, immediate succession in the event of death
  • Maintain anonymity and discretion without complex estate and probate formalities
  • Provide clear, structured ownership of an asset/assets by multiple investors
  • Provide a focal point for family wealth, enabling efficient administration of the requirements of multiple beneficiaries
  • Protect assets against third party claims, failed marriages and spendthrift heirs
  • Be a sustainable, structured environment for charitable provision
  • Manage liability where an activity or the ownership of an asset involves significant risk

The Trust Concept: In its simplest form, a trust involves a person (the settlor) transferring the ownership of assets to trustees (either individuals or a professional firm) to hold for the benefit of the beneficiaries. The assets cease to be owned by the settlor but they do not become owned by the beneficiaries. They are legally owned by the trustees but they are not permitted to utilise the assets for their own benefit, only for the benefit of the beneficiaries.

It is this concept of the separate ownership of assets from their beneficial enjoyment and the widely-differing forms of trust which makes them so useful.

The Settlor: Trusts can be created during the settlor’s lifetime or on death. Where created during lifetime, a trust can be designed to continue after the settlor’s death and can be used to receive funds under the terms of a will. The trust need not only receive assets from one individual, as assets can originate from a number of persons, from companies or even from another trust.

The Trustees: The trustees are usually professional regulated trustee companies. The settlor (and others he or she nominates such as a protector) can retain the power to remove and appoint trustees.

Some additional measure of sanction over the trustees’ action can be afforded by the appointment of a protector.

Trust Assets: Trust law allows a wide variety of assets to be held by trustees. The assets are not restricted to conventional investments and tangible property. Trust property can include rights to property e.g. intellectual property rights or even interests in another trust.

In appropriate circumstances, trustees may be given the power to borrow or give guarantees or indemnities, either on the trust’s own account or in support of a beneficiary.

Beneficiaries: The intended beneficiaries can be identified by the settlor on creating the trust (either precisely, e.g. a named individual; or by inclusion in a stated category e.g. “my grandchildren”) or left to the discretion of the trustees. It is also possible to include beneficiaries not yet in existence (e.g. children as yet unborn).

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PRIVATE TRUSTS COMPANIES

A private trust company (a "PTC") is a company which has as its object to act as a trustee for a single trust or a limited class or group of trusts. The same PTC may be used for separate trusts, provided the PTC trusts are 'related'. Usually the trusts are specifically related to a particular family. A PTC does not offer trustee services to the public generally, and accordingly is exempted from regulation.

A PTC is only required to operate within the framework of general company law and trust law. There is no licensing requirement and no requirement to submit reports or financial statements to any government body regarding the activities of the company or trust.

A PTC serves as a solution to a variety of different issues, including where there is a need for:

  • Flexibility - the PTC is often better suited to acting as trustee where the nature of the assets or activity would be unsuitable for a regulated or professional trustee.
  • Family or client involvement in management - settlors of trusts are sometimes reluctant to relinquish all influence over the assets settled into a trust. At the same time, an independent professional trustee will want to have control over the trust assets and is often reluctant to have the settlor or members of the settlor's family too actively involved. Where a PTC is used, the settlor and/or members of his or her family, or advisers, can play a more active role in the administration of the trust without prejudicing the legal validity of the trust structure or its tax residence.

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COMPANIES

Some of the legal forms with which we work include private limited companies, public limited companies, companies limited by guarantee, hybrid companies, LLCs, as well as other legal forms with corporate personality. Such entities can be established in a multitude of jurisdictions, both traditional "offshore" jurisdictions and also "onshore" jurisdictions, depending on the requirements. We have expertise in the use of "onshore" companies for essentially "offshore" or tax efficient planning including in the use of double taxation agreements between relevant jurisdictions.

Such entities can be used in conjunction with trusts, investment funds, foundations, contractual arrangements or other ultimate ownership and control arrangements, or indeed can be used on their own. Companies are often core building blocks of a structured environment, and CM Skye provides a full service in arranging incorporation and ongoing management (including provision of directors) and administration of companies established all over the world.

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PARTNERSHIPS

CM Skye specialises in its ability to organise and manage partnerships for a myriad of purposes. We undertake the establishment and the ongoing administration of both General Partnerships and Limited Partnerships, including the English form of Limited Liability Partnership. We prepare partnership agreements, working where required with outside professionals, for partnerships of all kinds in the jurisdictions which are favoured for such structures. We also provide nominee partners for those seeking confidentiality, and for limited partnerships will provide directors and ongoing administration to the general partner function.

Partnerships are particularly favoured for certain types of private equity investment vehicles and the carried interest arrangements related to them, joint ventures and financing arrangements, and part ownership arrangements over particular assets, such as yachts, aircraft, art works or real estate. CM Skye handles partnerships established in a wide variety of jurisdictions, including New Zealand, the UK, the USA, Switzerland, the Isle of Man, the British Virgin Islands and the Cayman Islands.

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JOINT VENTURES

There are several different ways to organise the legal infrastructure for, and encapsulate the legal relationships of the parties to, a joint venture. Joint ventures can be formed using companies, partnerships, trusts or purely contractual arrangements for the sharing of control and profit.

CM Skye is sensitive to the particular administrative requirements of joint ventures in whichever format they are organised. In conjunction with other relevant services outlined in this material, we provide support to the development and drafting of the relevant joint venture agreements and adaptation of the constitutive documents accordingly, as well as preparation of subscription agreements, deeds of adherence and all related minutes and resolutions.

In addition, we regularly provide independent management of accounting information and records and provide administrative and secretarial services to the parties and the venture, including co-ordinating meetings and agendas, and managing the execution of transactions undertaken by the venture.

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INVESTMENT STRUCTURING

We specialise in developing mechanisms for the effective structuring of investments of all kinds, taking into account the drive for tax efficiency, simplicity and consolidation into effective methods of buying, holding and selling assets. Whether the asset is a business, private equity investment, art collection, intellectual property, or otherwise, we devise, implement and administer structures of all kinds for such purposes.

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INVESTMENT FUNDS AND CO-INVESTMENT VEHICLES

We have expertise in establishing and administering investment fund vehicles as companies, limited partnerships or unit trusts, and work with clients to oversee and assist with the set up and launch of funds.

We administer funds domiciled in a number of jurisdictions including the British Virgin Islands, the Isle of Man and the Cayman Islands. These funds are invested in a wide variety of asset classes, including hedge funds, property funds, art funds and private equity funds.

For further information, please visit www.privatefundadministration.com

In addition, we have expertise in the structuring of closed ended co-investment vehicles for specific acquisitions or investments, where the structure provides for reduced documentary requirements for shareholder subscription and ongoing shareholder agreement terms and conditions, a reduced administrative burden, but nevertheless with provision for management and performance fees. Such structures have proven particularly popular for one-off investments in private equity, specific high value works of art, independent film financing, yachts, aircraft, and wine collections.

Note: Reference to investment funds are, for the purpose of Isle of Man regulation, references to exempt or exempt type schemes.

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Fund Directorships and Corporate Services

CM Skye acts as trustee of private unit trusts, general partner of limited partnerships and provides independent non-executive directors for boards of corporate funds, general partners and fund managers.

In conjunction with these services, we provide corporate administration services to special purpose vehicles and holding companies used by funds to hold their investments. Such services include:

  • Incorporation and corporate legal services
  • In-house bookkeeping and accountancy services
  • Co-ordination of Board Meetings and compilation of agendas for circulation
  • Independent directors
  • Effective offshore management and control

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UK and International Real Estate

Buying and selling property, whether as an investment or to live in, involves different moving parts which demand knowledge and expertise to co-ordinate efficiently and an ongoing appreciation for the issues and solutions to ensure effective estate management.

CM Skye provides intelligent property advice, services and solutions to its clients around the world, drawing on our established network of first rate service providers. We are able to deliver expert and highly focused services to address each individual aspect of our clients' property ownership requirements, including:

  • Tax efficient ownership structuring
  • Mortgage finance
  • Development finance
  • Search, selection and due diligence
  • Private placement and 'off market' transactions
  • Advice on capital growth potential, yield expectations, renovation costs and development feasibility
  • Management of design and refurbishment
  • Post acquisition rental and management
  • Submission of tax returns

CM Skye's property-related experience includes real estate in the following countries: the UK, Ireland, France, Italy, Spain, Greece, Switzerland, South Africa, Morocco, Hong Kong, the US (New York, Florida, California), Bahamas, Barbados and other Caribbean islands, Australia and New Zealand.

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Mortgage Lending

In conjunction with our real estate practice, CM Skye is regularly involved in securing mortgage finance for the purchase of properties. We work with a range of banks, mortgage lenders and brokers to secure the most favourable terms available, negotiate the mortgage terms where possible and undertake timely execution of the documentation involved, co-ordinating between lenders and lawyers to meet often strict deadlines.

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Art and Antiques

Many individuals, families and companies are art lovers, own collections or actively buy and sell in the international art market. For some, it is about the pleasure of investing in and owning art, whether paintings, sculpture, antiques or precious stones, coins or rare watches. For others, it can be an important feature of a person's investment planning and portfolio diversification.

CM Skye has considerable experience and expertise in supporting art transactions and ownership strategies for clients around the world including:

  • Providing effective and efficient tax and estate planning solutions
  • Structuring dedicated investment vehicles for purchasing and holding art
  • Establishing and administering private investment funds for pooled investment in art
  • Negotiating sale and purchase agreements and title guarantee insurance arrangements
  • Dealing with storage facilities, transportation and insurances
  • Establishing dealing accounts with auction houses
  • Ongoing valuations and maintaining accounts and financial data for art collections.

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Yachts and Aircraft

CM Skye administers yacht and aircraft ownership and management structures established in a variety of jurisdictions, the choice of which depending on which type of structure and which jurisdiction best meets the needs of each client. This includes not only ownership structures for the yacht or aircraft, but also for yacht berth ownership, dealing with brokerage commissions, the employment of crew and the management of crew payroll.

Our work also extends to assisting clients with securing finance where required and the appropriate insurances for their yachts and aircraft and, for this purpose, we maintain close relationships with those institutions and brokers which specialise in marine and aviation finance and in marine and aviation insurance.

In addition to our core services, we work with specialists to ensure that our clients have access to leading expertise to deal most efficiently with the issues associated with their ownership, including:

  • Advising on the most suitable registration for the yacht or aircraft, common examples of which include the Isle of Man, the United Kingdom, the Cayman Islands, the British Virgin Islands, and the Channel Islands.
  • VAT planning, both on a customised basis and also using financial leasing structures to reduce the VAT cost on purchase. One of the features of the Isle of Man for these purposes is that it operates within the EU VAT system and as a result there can be a number of advantages to owners in the European Union of using the Isle of Man.
  • Advice and assistance with crew recruitment, crew contracts and managing payroll.

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Legalisation and Notarisation

We are well versed in the differences between, and the procedures for, notarisation, apostilisation and legalisation of legal documents for use in different countries around the world, including without limitation in Asia, the Middle East, and South America. We have relationships with and access to notaries and embassies and work to provide quick turnaround and a smooth and efficient process.

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Redomiciliation Services

There are many reasons why it may be advantageous to change the jurisdiction of a company. It may allow greater flexibility in the operation of the company or, in some cases, allow a reduction in annual charges or taxes, such as VAT.

By redomiciling a company, you shift its legal domicile without bringing the company to an end. Therefore whilst the company may be treated as governed by the laws of a new jurisdiction and appear on its Registry as if it had been incorporated there from the outset, it is not treated as a new company, retaining its legal personality, validity and existence throughout the transition, thus preserving its legal rights and interests intact.

A simpler alternative may sometimes be to form a new company with the same name in the destination jurisdiction and then to assign the assets from the old company to the new company, finally terminating the old company.

CM Skye has expertise in the redomiciliation process in a wide variety of jurisdictions, where the process can be complex and demands a clear understanding of the requirements to ensure a smooth transition.

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Domain Name Registration

For some clients, it is a convenience and for others an essential component of their international structuring that website domain names should be registered offshore, whether in individuals' names or in the name of the relevant structure.

CM Skye is fully equipped to register domain names and to co-ordinate IT services for clients on a bespoke basis, including housing client servers and virtual servers and establishing IT support to such arrangements.

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Registrar and Transfer Agents

CM Skye has long held experience of providing registrar services both to public and private companies and to timeshare resorts, shared ownership/use schemes and other social organisations. Such services include not only the administration of computerised share registers but also administering registers of non-shareholder members and others with varying interests.

In the case of timeshares and shared ownership/use arrangements, this also includes registers of the property/asset interests and ensuring that these are linked through the internet into the sales programme to ensure that marketers and managers have a constantly updated and correct schedule of unit ownership and/or availability.

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Wealth Planning, Business Structuring and Succession Planning

How you own or benefit from your assets can have a significant bearing on how much of your success you get to enjoy. It is not uncommon for individuals and families to experience depletion of assets and wealth through taxation, family or business disputes, or lack of a cohesive governance structure among other things. Conversely, a successful ownership strategy can increase the chances of preserving your wealth or capturing it as it is created, providing clarity around your affairs and a clear succession plan, leaving you to enjoy the fruits throughout your lifetime.

CM Skye works with clients and their lawyers, accountants and other specialist professional advisers to devise the most effective ownership strategy to improve their position and meet their needs, offering informed guidance on each component. The right strategy with ongoing assessment and adjustment (where necessary) is key and CM Skye works to draw together the requisite expertise across disciplines and across jurisdictions to provide co-ordinated, client focused solutions.

  • Wealth ownership structuring
  • Private business structuring
  • Asset holding and protection strategies
  • Tax savings and commercial planning
  • Estate and succession planning
  • Residency and citizenship applications
  • Insurance
  • Philanthropy
  • Family office and governance advice

We assist clients across a broad range of asset types, including investment portfolios, commodities such as gold, private and listed businesses, new ventures, commercial and residential real estate, fine art, yachts and antiques.

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Services to Family Offices

In several ways, CM Skye acts as a multi family office to clients seeking broader support for their affairs. Many of CM Skye's services are therefore equally attractive and useful to dedicated family offices as a complement to their activities, or where they are in need of support in parts of the world where they do not have regional coverage. CM Skye staff understand the service levels required by family offices and successfully work in collaboration with many such dedicated family offices adding value to the delivery of their support function to the families they serve.

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Overseas Employment and Remuneration Planning

In the global market place, the movement of executives, professionals, consultants, actors, entertainers and sports people between countries and jobs from time to time in the pursuit of their careers has of course become the norm.

Whether it involves relocation or simply working on overseas assignments, there is often tremendous scope for legitimate strategies to maximise the income returns for such individuals, often through the use of international employment companies and carefully drawn contracts, and to integrate their career earning activity into a more sophisticated overall wealth planning and protection environment.

For some, career earnings come partially at least in the form of royalties and exploitation of personal brand or "image rights", and in those cases the strategies employed to contract for the use of such rights, and the subsequent collection of royalties and fees, are critical to maintaining a well managed and maximised income stream, and thus the ultimate accumulation of wealth based on career potential.

CM Skye has long established experience of working with such individuals to provide them with the solutions and careful management essential to achieving these goals.

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Structuring for Intellectual Property, Brands, Image Rights and Licensing

For those with intellectual property of one kind or another to exploit, the need for careful structuring is paramount. More and more income is produced through the exploitation of IP around the world, both for IP rich companies and also for individuals with personal brands and celebrity. However, it requires development of an IP ownership strategy at an early stage, and because the registration, protection and transfer of IP rights internationally can be complex and time consuming, it is important where possible to organise the ownership of IP in the right structure and jurisdiction from the outset.

Income, typically in the form of royalties, licence fees or profit share arrangements, derives from the exploitation of one or more out of a portfolio of possible rights, including trademarks, patents, copyrights, brand names, publishing rights, "image rights" and distribution rights. Such income is often subject to high rates of withholding tax in the countries in which the intellectual property is used but, with careful structuring, it is often possible to reduce the rates of witholding tax, in reliance on double taxation treaties, or avoid it altogether, and at the same time implement arrangements to minimise other income or corporate taxes payable on receipts.

Planning the ownership of IP, and the drafting of licence agreements and other commercial contracts, requires care and expertise but so does the ongoing management of the resulting structure and income stream. CM Skye has developed considerable expertise working with companies, entrepreneurs and high profile individuals in the film, fashion, music and sporting industries to support their IP exploitation arrangements.

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Charities, Foundations and Philanthropy

Modern governments have policies of redistributing wealth. In consequence, as many clients are all too aware, unless they make plans to address their strategic wealth planning for themselves, the government of the day will take the choice away from them through heavy taxation.

More and more families choose to include within their overall wealth planning a strategy devoted to philanthropy or charitable giving. Not only does this give life to general philanthropic desire, it can carry with it a number of benefits, including:

  • the ability to choose who benefits
  • the ability to include family members in the governance and grant making process
  • to put in place a long lasting legacy focused on things that you really care about
  • to achieve either a tax exempt transfer of assets out of the founder's taxable estate, or a tax free pool of funds once in the charity, or both

Indeed, privately organised charities have many uses, including as control vehicles for commercial enterprises and as a way to own and pass on the enjoyment of valuable collections of art or buildings.

CM Skye has extensive experience in the establishment and administration of charities and charitable and philanthropic foundations, both onshore and offshore, and has been active in such matters for over two decades.

For further information, please visit www.privatecharitablefoundations.com

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Private Office and Family Governance Services

Managing your personal finances and affairs can be a complex and time consuming business, and for some it can be as sophisticated an exercise as managing a commercial enterprise. To do it well, you need to draw on a number of disciplines and not just once but on a continuing basis across assets, events and generations. CM Skye recognises that some clients prefer a support function that extends beyond the administration of legal structures into managing their personal affairs alongside or within such structures. The framework can cover a multitude of functions and objectives and can be organised in a number of different ways depending on the client's needs.

  • Asset management
    Yachts
    Aircraft
    Art collections
    Property/real estate
    Other non-bankable asset types
    Provision of external resources and experts as needed
  • Financial Management
    Oversee financial accounting and control processes
    Record keeping and financial reporting to family members
    Establish credit and liquidity facilities
    Co-ordinate financial planning for the family members
    Arrange safe keeping of assets
  • Insurance
    Co-ordinate insurance needs for family members and family assets both in acquisition and in claims management
  • Tax Planning
    Co-ordinate strategic tax planning across jurisdictions and asset classes for family members and taxable entities
    Act as gateway to provide access to latest tax driven investment products
    Oversee preparation of tax returns and information reporting
    Serve as primary liaison for external tax advisers
  • Wealth Transfer
    Develop estate planning and wealth transfer strategies
    Periodically review strategies and structure documentation
    Oversee administration and compliance of estate planning structures
    Co-ordinate estate administration functions
  • Governance and Education
    Advising on and participating in family governance structures and best practices
    Helping next generation family members understand governance structures and planning
  • Philanthropic Management
    Assist family members with their charitable objectives
    Advice on appropriate charitable vehicle and governance
    Investigate charitable requests or proposed grants
    Oversee investment of grants
  • Investment Oversight
    Direct or assist with the development of overall strategic investment policy
    Appoint investment managers, and evaluate performance against investment policy

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Residency and Citizenships

In an increasingly international and mobile world, CM Skye maintains up to date expertise, both directly and through specialist intermediaries, in the residency and citizenship programmes of the most attractive countries.

Clients make residency choices based on a variety of criteria, including taxation, quality of life, proximity to major markets and centres, provision for family and child education. We assist clients to assess the advantages of the different residency programmes on offer, we handle the legalities of securing entry and residency (and where relevant work permits) in the chosen country and remain on hand to co-ordinate the move ensuring full support in the destination country.

At the same time, and in a similar way, we have expertise in the citizenship programmes of countries around the world and advise on the conditions to be fulfilled for a successful citizenship application and the issue of the corresponding passport, as well as on the travel freedom and visa requirements corresponding to each country's citizen programme.

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International Banking

As part of our network of relationships and contacts, CM Skye makes a point of maintaining and developing strong ties with a variety of banks across a number of jurisdictions, both "onshore" and "offshore". Different banks offer different services, and we identify the right bank for the right range of services from the right financial centre. We work with banks for the needs of legal structures we administer and we are also pleased to recommend banking providers for the personal needs of clients where requested. Examples of the centres where we maintain strong banking relationships include Hong Kong, Singapore, Mauritius, South Africa, Dubai, Switzerland, Liechtenstein, Luxembourg, Cyprus, Malta, Ireland, Austria, the UK, the Isle of Man and the Channel Islands, Gibraltar, Cayman Islands, BVI, Bahamas, Bermuda, and the USA among others.

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International Trade Structures

Businesses engaged in cross border trade frequently require business organisations capable of dealing with suppliers and buyers often in markets far apart from each other, and of handling the logistics of transport, storage and distribution in between. At the same time, the cycle of revenue generation, cash flow and profit capture often requires careful analysis and supervision. Done well, considerable commercially competitive, cash flow and taxation advantages can be obtained.

CM Skye is well versed in administering the affairs of international structures created to provide the organisation and process through which to conduct business on a cross border basis to maximum advantage.

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Escrow Agent and Paymaster Services

CM Skye provides Escrow Agency and Paymaster Services for a wide range of commercial and private situations:

  • Asset sales and purchases
  • Business and securities acquisitions and disposals
  • Aggregation, receipt and onward unconditional payment of brokerage commissions on commodities transactions
  • Assistance with closing transactions between parties where fees and spreads are to be protected
  • Receipt and onward transmission of payments subject to contingencies
  • Other transactions involving contingent consideration or compensation, in cash or in specie
  • Ongoing advice and structuring for monies received

CM Skye works with lawyers to establish full documentation for each transaction, coupled with completion of due diligence to the standards required to meet the compliance obligations of CM Skye and, where relevant, the banks with which it works to receive and transmit monies.

For further information, please visit www.escrow-paymaster.com

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Accounting

It is a core element to many of the services we provide that we are equipped to handle all of the key accounting functions, including collection of financial information, recording and storing financial information, aggregating and organising financial information and presenting and reporting financial information. Our dedicated client accounting teams are therefore resourced to provide a full accounting service, but also work hand in glove with external accountancy firms where required.

Under current regulatory or best practice standards, proper accounting records, including the preparation of annual accounts, are required for each entity involved in a structure. In some jurisdictions, accounts have to be audited and/or filed with the relevant Registry.

In addition, with the introduction of more complex tax rules for individuals in certain countries, such as UK resident non-domiciled persons, the need for knowledgeable accounting for income and gains within trusts in particular has become acute. Few firms operating offshore have the expertise to undertake such work accurately, and CM Skye has focused on ensuring that its accounting teams are equipped for the task.

Services provided include:

  • Trust accounting
  • Partnership accounting
  • Corporate accounting
  • Full statutory account preparation
  • Simple and complex bookkeeping and management accounts
  • Bank account maintenance and payments/receipts management
  • Value Added Tax/TVA
  • Corporation and other taxes computation and submission
  • Co-ordination of external audits

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Employee Benefit Trusts

The employee benefit trust (EBT) is used by companies to provide benefits to their employees in a tax efficient manner. Its use has increased in popularity over the years, not only with large institutions but also with smaller privately owned businesses as a way to attract, incentivise and reward important staff.

Typically, individuals will be advantaged by not suffering income taxes on contributions made by the employer to the EBT, either on the basis that it is deferred until a distribution is made in the future or in some cases on the basis that future distributions can in certain circumstances be made free of tax.

Depending on the country in which the employees are resident, EBTs can be organised in various different ways to meet the legal, regulatory and tax requirements of the jurisdiction. In many cases, the EBT is best organised in an acceptable but nevertheless tax neutral jurisdiction, such as the Isle of Man, where the income earned within the EBT may be tax exempt or taxed at lower rates than otherwise.

CM Skye works closely with a range of expert legal and tax professionals in the front line of developing suitable EBTs for their clients, by assisting with the implementation and ongoing administration of the chosen EBT structures for the employers, employees and their family members.

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Life Insurance

There are many uses for life insurance, from providing for lump sum payments on death, critical illness cover and mortgage protection, to providing a tax efficient "wrapper" for investments.

CM Skye maintains relationships with a variety of insurance providers and brokers, and has notable expertise in fiduciary structures utilising life assurance based solutions, including strong strategic relationships with international life assurance issuers willing to provide one off customised policy solutions.

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