To: Robert K. who wrote (7849 ) 11/27/1998 1:07:00 PM From: aknahow Read Replies (3) | Respond to of 17367
Bob, I intend to read the prospectus with care, when I get a copy. I see nothing wrong with considering such a change. Will the facts support it? Don't know but am convinced there are good reasons to look into it. See below: Advantages of Bermuda Registration Overseas-owned (exempted or international) companies can be established in Bermuda to hold intellectual property rights on software, or to develop and distribute software internationally, with full copyright protection. By transferring their intellectual property assets to a Bermuda holding company, owners can license such rights to entities based in other jurisdictions. This enables license fees and related income to accumulate in a tax neutral jurisdiction, while having legal protection. This type of arrangement may have some special appeal to people in the bio-technological, information, pharmaceutical, publishing and scientific research industries. In the publishing industry, properties that would be eligible include copyright of books, designs, graphics, and scripts of all kinds ranging from theatrical to music. AND A BIT MORE US royalty taxes avoidance A US Tax Court ruling in 1996 made it clear that under certain conditions, companies can structure subsidiaries incorporated and registered in Bermuda to either avoid completely or lower the withholding tax on royalties paid to such an entity out of proceeds from a re-license into the USA. In a case involving a Bermuda-registered entity which received such a payment from the USA, the USA's Internal Revenue Service tried to claim that the payment was US source income and was therefore subject to the 30 percent withholding tax. But the Tax Court overruled this, saying that the offshore company was not liable for this tax. Expert legal counsel should be retained by any company seeking to explore the benefits that may arise in situations such as this. But it does appear that opportunities exist to reduce or eliminate the US withholding tax under certain conditions. For example, software and entertainment companies which own worldwide rights to the software, may be able to benefit appreciably from a structuring or retructuring of their current royalty payments, if they have an appropriate corporate vehicle owning these rights and incorporated and registered in Bermuda.