Vigilance and opportunities of international structures: no room for dogmatism!
September 2025 /
A large number of wealthy families own international assets held in offshore vehicles.
These vehicles are referred to as ‘offshore’, not because they are located in exotic jurisdictions, but because they are established in a foreign country as opposed to their UBO owners who are domiciled in another jurisdiction.
In an international context, it is crucial to ensure that such structures comply with the rules both of the jurisdiction in which they are set up and of the foreign authorities, and that they are appropriate for wealth & estate planning purposes.
Problems of recognition and assimilation of foreign entities often arise, but the results of these so-called comparability tests are not always conclusive or legally secure.
Developments in regulations and tax law have led to rising concerns about these vehicles and, in many cases, have made this kind of foreign vehicle less and less effective or even relevant. On the other hand, such vehicles may generate the risk of tax and criminal litigation with foreign administrative and judicial authorities.
In such cases, it is worth considering the reasons for setting up and using such a vehicle, its substance & purpose, its international scope, etc.
As a result, most countries have introduced restrictive legislation to re-qualify or transparently tax this type of structure whenever it provides an (excessively) privileged tax environment.
In addition, the exchange of information and international cooperation are enabling authorities to identify abusive schemes with increasing ease.
However, there is no need for dogmatism or generalizations!
Every family and asset circumstances are different, and the use of such tools can be both appropriate and of high added value to the parties involved, explaining why interest in these vehicles remains strong.
For example, holding assets through a foreign trust, a private foundation or a Luxembourg private wealth management company (SPF) will very often be contraindicated or even terminated in the case of French stakes, whereas these same vehicles have their full role to play in other situations. This may, for example, be the case for residents who benefit from so-called non-domiciled tax regimes that often exempt them from taxation on foreign income and assets.
Families dealing with these issues, by their very nature complex and multi-jurisdictional, need guidance to grasp the evolving challenges of their structuring and in line with their own changing needs.