According to article
694 of the Fiscal Code, the income earned by any person, either
an individual or a corporation, from sources outside of Panama,
is exempt from taxes. Our legislation expressly provides
that the following transactions are not subject to income tax
in Panama:
- Distributing dividends from income earned by a company when
that income is produced or earned abroad.
- Directing or managing,
from an office located in Panama, operations and transactions
that are executed, completed or take effect abroad.
- Invoicing to a company
abroad, from an office located in Panama, the sale of goods for
an amount greater than that at which said goods were invoiced
to the office located in Panama, provided those goods are handled
exclusively abroad.
The
most important features of the Panamanian trust are:
- Article 37 of Law
No.1 expressly guarantees the confidentiality for the execution
of the trust. It provides that the trustee and his representative
or employees or any other person involved in the execution of
the trust must uphold the secrecy of the operation. The violation
of this provision is penalized with imprisonment of up to six
(6) months and a fine of up to US$50,000.
- The trust shall be
created in a private document, with the only formality that the
signature of settlor and trustee must be authenticated by a Panamanian
Notary, so confidentiality is guaranteed. It is not necessary
that the trust be executed in a public deed or be registered in
any public register unless real property located in Panama is
given in trust.
- The trust can contain
any lawful clause as the needs of the settlor may require. According
to articles 5 and 9 of Law No. 1, the trust may be created for
any purpose provided it is not contrary to the law or public policy.
- The trust is not
perpetual unless so is stated by the settlor in the trust. The
trust should have its duration expressly stated. Also, it may
be revocable or terminated before its expiration if it is so provided
by the settlor in the trust agreement.
- Both the settlor
and the trustee and/or beneficiary may be a corporation. They
do not need to be individuals.
- To be consistent
with the tax principles already mentioned, Law No.1 expressly
states that the acts of executing, modifying and terminating a
trust as well as the transfer, conveyance or encumbrance of trust
funds and the income or interest produced by the assets and properties
given in trust are exempt from all taxes, contributions, assessments
or encumbrances, provided the trust involves the following assets:
Also,
the Fiscal Code exempts from income tax:
1. The interest paid by banks located in Panama to their customers
for savings accounts and time deposits kept in Panama;
2. The salary
or fees earned by Directors, Officers and Executives of Panamanian
corporations located abroad. These benefits have made of Panama
the tax haven that it is today