Strategy

Offshore company: what it is and when it makes sense

An offshore company is not a synonym for tax evasion, though the word carries that connotation. In practice it is an international planning tool: a company registered in a jurisdiction other than the shareholder's residence or the place of real activity. Here is what it is and which legal alternatives exist.

Updated on 2026-08-17 · By the Filnet team3 min read

What is an offshore company

An offshore company is a business incorporated in a country or territory other than that where its owner resides or where the economic activity takes place. The term "offshore" (off the coast) refers precisely to operating from a different jurisdiction, normally with reduced or zero taxation.

The aim of an offshore company is usually to optimise the tax burden, protect assets or facilitate international operations. None of these purposes is illegal in itself: what turns an offshore structure into an illegal one is hiding income from the tax authority of the country of residence or simulating activity where there is none.

Differences between offshore and onshore

The key distinction is the jurisdiction where the company is incorporated and the tax regime that applies. An onshore company is one registered in a "normal" economy, with standard taxation and full transparency, such as Portugal, France or Germany.

An offshore one is registered in low- or zero-tax territories (British Virgin Islands, Panama, Seychelles, among others), which reduces corporate tax but also increases scrutiny from banks and tax authorities.

Key points

  • Onshore: standard taxation, good reputation, straightforward access to banking.
  • Offshore: low or zero corporate tax, fewer accounting obligations, greater scrutiny by the tax authority.

Advantages of an offshore company

Used correctly, an offshore company allows you to compete in international markets with a more efficient tax structure and to separate personal assets from business assets.

Key points

  • Reduced or zero taxation on the company's profits.
  • Asset protection against third-party claims.
  • Confidentiality in the register of ownership.
  • Flexibility to operate in several jurisdictions at once.

Drawbacks and risks of an offshore company

The less appealing side is real and worth weighing up before deciding. Reputation comes first: an offshore company can complicate agreements with banks, clients or suppliers who distrust these structures.

The second is compliance. Spain, like most countries, requires declaring holdings in foreign companies (form 720 and international tax transparency), and the automatic exchange of information (CRS) makes it practically impossible to hide ownership.

Key points

  • Negative perception and reputational risk.
  • High incorporation and maintenance costs relative to the actual benefit.
  • Difficulty opening bank accounts or payment gateways.
  • Exposure to anti-avoidance rules and penalties if used to conceal income.

Onshore alternatives in Europe: Andorra and Dubai

For most Spanish SMEs, an onshore structure in a moderately taxed jurisdiction achieves much of the benefit without the risks of an offshore one. Andorra is the closest example: corporate tax of 10%, IGI (its VAT) of 4.5%, with timelines of 2 to 6 weeks.

Dubai offers an even lower burden —Corporate Tax of 9% and VAT of 5%— with incorporation in 1 to 3 weeks, choosing between Free Zone or Mainland. Portugal, with IRC of 21% and VAT of 23%, is the most conservative onshore option within the EU.

Key points

  • Andorra: corporate tax 10%, IGI 4.5%, 2-6 weeks.
  • Dubai: CT 9%, VAT 5%, 1-3 weeks (Free Zone or Mainland).
  • Portugal: IRC 19%, VAT 23%, 4-8 weeks.

When does an offshore company make sense?

An offshore company makes sense when there is genuine international activity, a need to protect assets or residence outside Spain. It does not —and can prove costly— when the sole aim is to conceal income or simulate a headquarters that does not exist.

If your activity is genuine and you are looking to optimise taxes within the law, an onshore alternative such as Andorra or Dubai usually offers the best balance between savings and peace of mind. Comparing jurisdictions and analysing the structure before deciding is what stops you paying for a company that does not pay off.

Frequently asked questions

Yes, it is legal as long as the holding and income are declared in the country of residence. What is illegal is using it to conceal income or simulate activity.

Offshore is registered in territories with low or no taxation and greater confidentiality; onshore is in standard economies such as Portugal or Andorra, with normal taxation and a better reputation.

It depends on the jurisdiction, but annual costs (registration, resident agent, accounting) are usually between €1,500 and €5,000, to which tax advice must be added to avoid penalties.

Andorra is the most popular option for Spanish SMEs due to its proximity: corporate tax of 10% and IGI of 4.5%, with a tailored cost. Dubai, with CT of 9% and VAT of 5%, is another well-established alternative.

Yes. Holdings in foreign companies must be declared using form 720, and the income may be subject to international tax transparency rules if the jurisdiction is low-tax.

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