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[email protected] Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011 RAINELDA MATA-KELLY, LL.M.

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Page 1: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

[email protected]

Legal landmarks for residence, investing

and doing business in PANAMA October 14th, 2011

RAINELDA MATA-KELLY, LL.M.

Page 2: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Relocating to Panama:

Immigration update

• Your move to a new country will be as smooth as the preparation and good advise you receive in advance.

• The Immigration legal framework of Panama was changed on 26th February 2008 after nearly 50 years. This legislation came into effect on 26th August 2008, with a further update on 11th March 2009.

• The focus remains in attracting pensioners and high worth investors.

Page 3: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Most Popular Types of Visas

• SPECIAL RESIDENCY PERMITS

- Pensioner

- Private Income Retiree

• PERMANENT RESIDENCY PERMITS

- Business Investor

- Forestry Investor

- Person of Means

• Other residency permits are available not covered in this presentation:

- Italian Treaty Residency permit

- Work residency permits

- Married to Panamanian

- Executive Visa, etc.

Page 4: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Requirements for all

residency permits:

• From Home:

Valid Passport.

Police Record.

Marriage Certificate.

Birth Cert of children travelling with you.

6 Photographs.

• In Panama:

Health Certificate.

Other depending on type of permit.

• Note: All documentation from overseas must be authenticated by Panamanian consul or with the “Apostille”

Page 5: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

PENSIONER

• Additional Requirements:

Letter from Pension Provider

confirming lifetime pension

above $1,000.

• In addition, for Private Pensions:

Pension Manager confirmation of

pension fund

Goodstanding Certificate (of

pension provider and pension

manager)

5 Check stubs or 5 bank

statements

Pensioner

EXCEPTION:

Pensions between

$750 and $999 are

accepted if

applicant has real

estate in Panama

for $100K

Timetable:

- One time

application.

- Upon applying get

1 year interim card

and multiple entry

permit.

- Approval in 2-6

months

Page 6: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Special Benefits:

• One time import tax exemption for used household goods

• Discount on import duties for a car (some taxes still apply)

• Discounts:

20% medical & professional services,

25% airplane tickets,

30% transportation,

15% to 25% restaurants,

15% hospitals and clinics

15% dental services

10% prescription drugs

etc.

Pensioner

Page 7: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Special Benefits:

• One time import tax exemption for used household goods

• Discount on import duties for a car (some taxes

still apply)

• Discounts:

20% medical & professional services,

25% airplane tickets,

30% transportation,

15% to 25% restaurants,

15% hospitals and clinics

15% dental services

10% prescription drugs

etc.

Pensioner

Quic kTime™ and a decompress or

are needed to see th is p ic ture.

Page 8: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

PRIVATE INCOME RETIREE:

• Additional Requirements:

Fixed term deposit at the National Bank of Panama or “Caja de Ahorros” for FIVE (5) YEARS with enough funds to yield $850.00 x month (approx $340,000 at 3%)

TIMETABLE:

Upon application 1 year interim card and multiple entry permit are issued.

Approval for 5 year Residency in 6-8 months.

Residency Permit must be renewed every 5 years, as well as the fixed term deposit.

Private Income Retiree

Page 9: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Special Benefits:

• One time import tax exemption for used household goods

• Special Travel Passport

(does not grant nationality)

• Discounts:

20% medical and

professional services,

25% airplane tickets,

30% transportation,

15% to 25% restaurants,

15% hospitals and clinics

15% dental services

10% prescription drugs

etc.

Private Income Retiree

Page 10: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

PERSON OF MEANS

OPTION 1:

Open a Fixed term deposit for $300K in any bank in Panama for 3 years; or

OPTION 2:

Purchase real estate for $300,000, or

OPTION 3:

Open fix term deposit and purchase real estate to total $300K

OPTION 1:

Deposit may be in

US$ or other

currencies available

at the bank.

Must be in name of

applicant

OPTION 2:

Title may be in the

name of a Private

Interest Foundation

There may be a

mortgage on the

excess of $300,000 of

real estate price

Real estate must be

paid up and titled.

Person of Means

Page 11: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

BUSINESS INVESTOR VISA:

• Additional Requirements:

Evidence of $160,000 investment in a business

Company’s Tax Return & Payroll (with 5 Panamanian employees)

• Restrictions:

Investment must be in a non-retail business.

Shares must be in the name of the applicant.

Must be an operating business

Small business

investor visa for

$40,000 is no

longer available

Business Investor

Quic kTime™ and a decompress or

are needed to see th is p ic ture.

Page 12: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

FORESTRY INVESTOR:

• Additional Requirements:

Evidence of minimum $80,000 investment in 5 hectares;

Investment or shares of corporation must be in applicant’s name.

Applicant must be an officer of the corporation.

Registration with Environmental Agency

OPPORTUNITY:

1. May use your

IRA to invest

2. Profits are

free of

income tax

Forestry Investor

Quic kTime™ and a decompress or

are needed to see th is p ic ture.

Page 13: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Permanent Residency Permits

Timetable

• These permits are granted in two stages.

• FIRST APPLICATION:

• Upon application, a 1 year interim card and multiple

entry permits are issued.

• Approx. 6-8 months after application a 2-year

provisional visa is granted.

• SECOND APPLICATION:

• Just before the end of the second year, apply again.

A 1-year interim card and multiple entry permits are

issued.

• Approx. 6-8 months after application the Permanent Visa

is issued.

• Approx 2 months later you are issued with national

identity card valid for 10 years. This card is renewed

every 10 years without much process.

Timetable

Page 14: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

NATURALIZATION

• Five years after obtaining permanent visa and national identity card (cedula), you may apply for Panamanian nationality and passport (not aplicable to Pensioners or Private Income Retirees).

• To apply for Panamanian nationality, you must:

a) know Spanish,

b) renounce your existing nationality and

c) comply with other requirements.

Page 15: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Dependents

• If you have dependents which will relocate to Panama with you under your residency permit, your basic investment covers your whole family, but you will need to show additional funds to cover their needs (US$2,000 per dependent deposited in a local bank).

• Kinship must be established by Marriage Certificate (for spouse) and Birth Certificate (for children). You must present a current official printout of these certificates (NOT the originals).

• Unmarried partners and children 25 or older cannot be included as dependents and will need to qualify on their own for a residency permit.

Page 16: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Working in Panama

• Residency permits mentioned herein do not include the benefit of a Work Permit. Work Permits are handled by the Ministry of Labour.

• Recipients of the residency permits detailed in this presentation may only work in their own businesses.

• There are several types of work residency permits / work permits. Some grant permanent residency after 6 applications such as the one which allows you to work in a business where there are more than 90% Panamanian employees. In the latter case, the job needs to be obtained first and then a work permit is requested.

• Retail business and certain professions are reserved for Panamanians.

Page 17: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Asset Protection & Doing business

in Panama

• Whether you are planning to do business,

invest or protect your assets, you may find

that Panamanian entities can be effective,

easy to create, and operate.

• Stay away from “packages”, one-size-fits-all

solutions and structures that may be too

complicated or costly to preserve your

assets.

• Personalized attention and analysis of your

situation is key in making your investment a

success and protecting your assets. Also a

consultation with a tax specialist of your

own jurisdiction is necessary to understand

any reporting requirements.

Page 18: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Corporations

Created by law of 1927

Requirements:

• 3 Directors (persons or companies of any nationality)

• Bearer or Nominative Shares

• Resident Agent

• Annual Tax

• No annual Board

Resolutions

required

Incorporation Process:

• Confirmation of

name availability

• Registration in 2-3

days

• References,

passport copy,

Incorporation

Questionnaire and

Release Form (only

for internal

purposes)

Page 19: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Advantages

• Excellent for business endeavours or as a

holding company for property, bank accounts

and other assets worldwide.

• Property holding: avoid probate and increase

confidentiality.

• No tax implications in Panama if operating

abroad.

• Names of directors are registered, but names of

shareholders are not. However, new legislation

requires the Resident Agent to disclose

information on ultimate beneficiaries, upon

official request.

• Limited liability.

Page 20: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Private Interest Foundations

Created by law of 1995

Requirements:

Founder

Protector (optional)

3 Managers or 1 corporation of any nationality

Beneficiaries

Resident Agent

Annual Tax

Formation process:

Confirmation of name

availability

Registration in 2-3

days

References, passport

copy, Incorporation

Questionnaire and

Release Form (for

internal purposes

only)

Page 21: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Advantages

• Excellent estate planning tool.

• Property holding: avoid probate

• Assets are protected against liens or attachment, except for PIF debts and for fraud of creditors within 3 years of the transfer.

• Unlike trust, allows founder to be part of the management and beneficiary.

• Beneficiaries are appointed by notarized (not registered) document, which may be changed at the Founder’s will or with the Protector’s consent.

• However, new legislation will requires the Resident Agent to disclose information on ultimate beneficiary upon official request.

• Not a charitable foundation for tax purposes.

Page 22: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Bank accounts

• Generally banks all over the world open

accounts for Panamanian entities.

• There are just over 90 banks, both foreign and

local operating in Panama, within a fully

supervised Banking Center. (No paper banks)

• Regional Banking Center

• FATF compliant

• U.S. Currency

• No currency controls.

• No gold or bullion markets

• TIE Treaty: banks disclose information to local authorities on specific U.S. citizen accounts, upon request by IRS.

Page 23: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Bank accounts

• Your personal presence is necessary to start the account opening process.

• Timeline: 3 weeks to a month.

• Banks will require the following before opening

an account:

a) bank references, and attorney or accountant

reference,

b) proof of source of income, tax return and credit

report

c) copy of utility bill (as proof of address)

d) full copy of your passport

e) personal details and ownership disclosure (if

account is owned by Corporation)

f) local introduction / reference

Page 24: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Taxes

• The Panamanian taxation system does not

discriminate between Panamanians and

foreigners.

• The rules are the same: tax is paid only on

income generated in Panama.

• Interest on bank accounts is not considered

taxable income in Panama.

• NOTICE: Tax free in Panama, does not mean

tax free in your jurisdiction, please verify your

reporting requirements.

Page 25: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Conveyancing

• Foreign nationals may own property in

Panama, whether or not they are permanent

residents. Only exception: border with

neighbouring countries (10km).

• There are no longer restrictions for foreigners to own islands.

• Title searches are done prior to purchase.

• Ownership Title is registered at the centralized Public Registry.

• Rights of Possession are not title, nor are they advisable in many cases.

Page 26: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

Conveyancing process

• First you sign a Promise to Purchase Agreement and the first down payment is given. Before signing you should have your attorney review title and negotiate the contract. Down payments will vary: 5-10% if buying from an individual and 20-30% if buying from a developer.

• The Seller receives the down payment directly (no escrow).

• Then, final price is escrowed with a bank and the title deed is prepared and registered. Title is not conveyed until the title deed is registered.

ALTERNATIVE: Sale of shares if property is owned by a corporation

Page 27: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

• Moving to or investing in a new country may be as pleasant or difficult as the amount of faithful information and qualified assistance you have.

• This is an exciting adventure, but do not forget the due diligence you would carry out in your own country.

By Sharon Bailey-Bok

Page 28: Legal landmarks for residence, investing and doing ... › conf › us-conf › ... · Legal landmarks for residence, investing and doing business in PANAMA October 14th, 2011

• Contact in Panama:

Rainelda Mata-Kelly

Tel. (+507) 216-9299

Fax (+507) 216-9298

www.mata-kelly.com

Office 406-407, Tower B,

Torres de las Americas

Punta Pacifica

Panama City, Panama

[email protected]

[email protected]